| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, WOZNIAK AND BLAKE, MARCH 14, 2011 |
| |
| |
| REFERRED TO LABOR AND INDUSTRY, MARCH 14, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as |
2 | reenacted and amended, "An act defining the liability of an |
3 | employer to pay damages for injuries received by an employe |
4 | in the course of employment; establishing an elective |
5 | schedule of compensation; providing procedure for the |
6 | determination of liability and compensation thereunder; and |
7 | prescribing penalties," in additional coverages, further |
8 | providing for definitions and for reimbursement. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 601(a) of the act of June 2, 1915 |
12 | (P.L.736, No.338), known as the Workers' Compensation Act, |
13 | reenacted and amended June 21, 1939 (P.L.520, No.281), is |
14 | amended by adding a clause to read: |
15 | Section 601. (a) In addition to those persons included |
16 | within the definition of the word "employe" as defined in |
17 | section 104, "employe" shall also include: |
18 | * * * |
19 | (11) All volunteer members of an emergency management team |
20 | of a county, city, borough, incorporated town or township, or |
21 | any combination of such municipalities. Volunteer members under |
|
1 | this paragraph are declared to be employes of such |
2 | municipalities for the purposes of this act and shall be |
3 | entitled to receive compensation in the case of injuries |
4 | received while actually engaged as a volunteer member of an |
5 | emergency management team at any emergency to which the |
6 | volunteer has been called or responded. Actual engagement as a |
7 | volunteer member of an emergency management team at any |
8 | emergency includes all of the following: |
9 | (i) A response under 35 Pa.C.S. Ch. 73 Subch. C (relating to |
10 | intrastate mutual aid). |
11 | (ii) Travel from and the direct return to the volunteer's |
12 | home, place of business or other place where the volunteer shall |
13 | have been when the volunteer received the call or alarm or while |
14 | performing any other duties authorized by the municipality. |
15 | * * * |
16 | Section 2. Section 602 of the act, added June 19, 2002 |
17 | (P.L.419, No.60), is amended to read: |
18 | Section 602. (a) The following shall apply: |
19 | (1) A municipality or an area of a municipality which |
20 | receives emergency services pursuant to a contract, standing |
21 | agreement or arrangement from a volunteer emergency service |
22 | provider located in a host municipality shall reimburse the host |
23 | municipality under the provisions of either clause (2) or (3). |
24 | (2) Reimbursement under clause (1) shall be for a portion of |
25 | the cost of the workers' compensation premiums covering the |
26 | members of the volunteer emergency service provider. The |
27 | appropriate portion of the cost shall be determined as follows: |
28 | (i) Determine the population ratio of the municipality or |
29 | the area of the municipality receiving emergency services to the |
30 | entire population (host municipality and the municipality or the |
|
1 | area of the municipality) receiving emergency services from the |
2 | volunteer emergency service provider. The following shall apply: |
3 | (A) No segment of the population of the municipality or area |
4 | of the municipality receiving emergency services may be included |
5 | in more than one service area for purposes of calculating the |
6 | ratio under subclause (i). |
7 | (B) If the first due area for fire protection services and |
8 | the first due area for emergency medical services differ within |
9 | a municipality or an area of a municipality receiving emergency |
10 | services, then the ratio under subclause (i) shall be calculated |
11 | using the first due area for fire protection services. |
12 | (ii) Multiply the ratio under subclause (i) by the host |
13 | municipality's entire cost of the workers' compensation premium |
14 | for covering members of the volunteer emergency service |
15 | provider. |
16 | (3) The host municipality and the municipality receiving the |
17 | emergency services may agree to share the cost on some other |
18 | basis. |
19 | (b) As used in this section: |
20 | "Emergency services" shall mean any of the following: |
21 | (i) Fire protection services. |
22 | (ii) Ambulance services. |
23 | (iii) Emergency medical services. |
24 | (iv) Quick response services. |
25 | (v) Emergency management services. |
26 | (vi) Rescue and lifesaving services. |
27 | (vii) Hazardous material support services. |
28 | (viii) Certified hazardous materials response services. |
29 | "Host municipality" shall mean a municipality that is |
30 | responsible for workers' compensation premiums for an emergency |
|
1 | service provider located within its corporate boundaries. |
2 | "Volunteer emergency service provider" shall mean any of the |
3 | following: |
4 | (i) A volunteer fire company. |
5 | (ii) A volunteer ambulance corps. |
6 | (iii) A volunteer quick response service. |
7 | (iv) A volunteer rescue and lifesaving squad. |
8 | (v) A volunteer hazardous materials support team. |
9 | (vi) A volunteer certified municipal emergency management |
10 | coordinator. |
11 | (vii) A volunteer hazardous materials response team. |
12 | (viii) A volunteer emergency management team of a county, |
13 | city, borough, incorporated town or township, or any combination |
14 | of such municipalities. |
15 | Section 3. This act shall take effect in 60 days. |
|