PRIOR PRINTER'S NO. 122
PRINTER'S NO. 1558
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
138
Session of
2015
INTRODUCED BY FARRY, GREINER, STEPHENS, DUNBAR, BAKER, V. BROWN,
LONGIETTI, SCHWEYER, BARRAR, KILLION, KNOWLES, GRELL,
MILLARD, COHEN, MULLERY, LAWRENCE, MARSICO, DEASY, READSHAW,
KORTZ, GABLER, GILLEN, MURT, WATSON, MOUL, GIBBONS,
MICCARELLI AND DAVIS, JANUARY 21, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 12, 2015
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for soliciting by first
responder organizations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7714. Soliciting by first responder organizations.
(a) Soliciting donations.--Except as provided for under 75
Pa.C.S. § 3545 (relating to pedestrians soliciting rides or
business) , a first responder organization approved by the
municipality or the Department of Transportation, for highways
under its jurisdiction, may solicit donations as follows:
(1) Solicitations may be conducted on behalf of or by a
bona fide, duly constituted first responder organization in
accordance with the following:
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(i) The solicitation shall only occur at a
controlled-intersection approach which contains a stop
sign or a traffic signal.
(ii) A first responder organization shall obtain the
written approval of the municipality where the
solicitation occurs and the written approval of the
Department of Transportation for highways under its
jurisdiction. The municipality and the Department of
Transportation, for highways under its jurisdiction, may
base the decision regarding approval or disapproval on
public safety or traffic operations issues. Approval may
be revoked if concerns are raised due to unanticipated
public safety or a traffic operation event.
(iii) The municipality or Department of
Transportation, for highways under its jurisdiction,
shall be permitted to establish limitations on any of the
following:
(A) Duration of the solicitation.
(B) The time of day when solicitation shall
occur.
(C) The number of individuals engaging in
solicitation.
(iv) A solicitor on behalf of a first responder
organization shall adhere to the following:
(A) The solicitor must have both liability and
workers' compensation insurance provided by the
organization for which the solicitor is soliciting if
the solicitor is a bona fide member of the
organization.
(B) The solicitor must be accompanied at all
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times by an individual trained in first aid and must
have a first aid kit present at all times.
(C) The solicitor must wear a Pennsylvania
Department of Transportation-approved traffic safety
vest.
(b) Definitions.--As used in this section, the term "first
responder organization" means any of the following which is A
NONPROFIT ORGANIZATION AS CLASSIFIED UNDER SECTION 501(C)(3) OF
THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C.
§ 501(C)(3)) AND IS located in this Commonwealth:
(1) A volunteer fire, rescue or emergency medical
services company.
(2) Law enforcement personnel.
(3) Other individuals who protect the public safety.
(4) A nonprofit organization as classified under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 501(c)(3)).
Section 2. This act shall take effect in 60 days.
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