SENATE AMENDED
PRIOR PRINTER'S NOS. 122, 1558
PRINTER'S NO. 2256
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, DAVIS, J. HARRIS, BARBIN AND TOOHIL,
JANUARY 21, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, SEPTEMBER 30, 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
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accordance with the following:
(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.
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(B) The solicitor must be accompanied at all
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.
(A) SOLICITING DONATIONS.--NOTWITHSTANDING 75 PA.C.S. § 3545
(RELATING TO PEDESTRIANS SOLICITING RIDES OR BUSINESS), A BONA
FIDE, DULY CONSTITUTED FIRST RESPONDER ORGANIZATION MAY SOLICIT
DONATIONS IN ACCORDANCE WITH THE FOLLOWING:
(1) THE SOLICITATION SHALL ONLY OCCUR AT A CONTROLLED-
INTERSECTION APPROACH WHICH CONTAINS A STOP SIGN OR A TRAFFIC
SIGNAL.
(2) A FIRST RESPONDER ORGANIZATION SHALL FIRST OBTAIN
THE WRITTEN APPROVAL OF THE MUNICIPALITY WHERE THE
SOLICITATION OCCURS, SUBJECT TO ANY CONDITIONS IMPOSED IN
ACCORDANCE WITH PARAGRAPH (3), AND THEN 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
OR MODIFIED IF CONCERNS ARE RAISED DUE TO PUBLIC SAFETY OR
TRAFFIC OPERATION ISSUES.
(3) THE MUNICIPALITY SHALL BE PERMITTED TO ESTABLISH
LIMITATIONS ON THE SOLICITATION, INCLUDING BUT NOT LIMITED
TO, ANY OF THE FOLLOWING:
(I) DURATION OF THE SOLICITATION.
(II) THE TIME OF DAY WHEN SOLICITATION SHALL OCCUR.
(III) THE NUMBER OF INDIVIDUALS ENGAGING IN
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SOLICITATION.
(IV) ADDITIONAL SAFETY PRECAUTIONS, INCLUDING
SIGNAGE AND AVAILABILITY OF FIRST AID.
(4) A SOLICITOR ON BEHALF OF A FIRST RESPONDER
ORGANIZATION SHALL ADHERE TO THE FOLLOWING:
(I) THE SOLICITOR MUST HAVE BOTH LIABILITY AND
WORKERS' COMPENSATION INSURANCE ACCEPTABLE TO THE
MUNICIPALITY PROVIDED BY THE ORGANIZATION FOR WHICH THE
SOLICITOR IS SOLICITING IF THE SOLICITOR IS A BONA FIDE
MEMBER OF THE ORGANIZATION.
(II) THE SOLICITOR MUST WEAR A PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION-APPROVED TRAFFIC SAFETY
VEST.
(5) NEITHER THE MUNICIPALITY NOR THE DEPARTMENT OF
TRANSPORTATION SHALL BE LIABLE FOR ANY DAMAGES ON ACCOUNT OF
ANY INJURY TO A PERSON OR PROPERTY CAUSED BY OR RESULTING
FROM SOLICITATIONS ON HIGHWAYS NOTWITHSTANDING APPROVALS OR
CONDITIONS AS PROVIDED IN THIS SECTION.
(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.
Section 2. This act shall take effect in 60 days.
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