Regular Session 2017-2018 House Bill 1835 P.N. 2548

PRINTER'S NO. 2548

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1835

Session of

2017

INTRODUCED BY BARRAR, SAINATO, BARBIN, BOBACK, GILLEN, JOZWIAK,

MARSHALL, MURT, ROEBUCK, SAYLOR, SCHLOSSBERG, WATSON, RYAN

AND D. COSTA, OCTOBER 10, 2017

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, OCTOBER 10, 2017

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in grants to fire companies and

emergency medical services companies, further providing for

definitions, for award of grants and for requiring fire

companies and emergency medical services companies to

establish a social media policy in order to be eligible to

receive grant funds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 7802 of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 7802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Social media." Technologies that facilitate and promote

interactive communication via the Internet, where individuals

exchange content, pictures and information, and include

applications and sites such as Facebook, Twitter, YouTube,

Tumblr, blogs or any new technology with the same or similar

functionality.

* * *

Section 2. Sections 7813(d) and 7823(b.1) of Title 35 are

amended to read:

§ 7813. Award of grants.

* * *

(d) Eligibility.--To receive grant funds under this chapter,

a fire company must:

(1) Have actively responded to at least 10 fire or

rescue emergencies during the previous calendar year.

(2) Be actively participating in the Pennsylvania Fire

Information Reporting System under a signed agreement. The

commissioner shall develop and publish guidelines specifying

the criteria necessary to determine the level of

participation in the Pennsylvania Fire Information Reporting

System to remain eligible for grant funds.

(3) Have implemented a social media policy that meets

the requirements of section 7843 (relating to social media

policy) and is applicable to all individuals associated with

the fire company.

§ 7823. Award of grants.

* * *

(b.1) Eligibility.--To receive grant funds under this

chapter, an EMS company must [be]:

(1) Be designated by a municipality as the

municipality's primary EMS provider.

(2) Have implemented a social media policy that meets

the requirements of section 7843 (relating to social media

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policy) and is applicable to all individuals associated with

the EMS company.

* * *

Section 3. Title 35 is amended by adding a section to read:

§ 7843. Social media policy.

(a) General rule .--An applicant for a grant under this

chapter must demonstrate that the applicant's social media

policy conforms to the requirements of this section. Failure to

establish a social media policy in accordance with this section

shall disqualify the applicant from receiving a grant under this

chapter.

(b) Requirements.--The social media policy of a fire company

or an EMS company shall include the following provisions

applicable to volunteers, members and employees of the fire

company or EMS company:

(1) The fire company or EMS company reserves the right

to monitor the social media content posted, uploaded,

downloaded or shared by a volunteer, member or employee on a

personal social media account of the volunteer, member or

employee, or on a social media account or the Internet

website of the fire company or EMS company.

(2) Individuals may post content on behalf of the fire

company or EMS company with permission granted by the chief

of the fire company or the supervisor or chief of the EMS

company.

(3) Posting, uploading, downloading or sharing of a fire

company's or EMS company's confidential and nonpublic

information is prohibited.

(4) Posting, uploading, downloading or sharing of the

name of the chief of a fire company or the supervisor or

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chief of an EMS company or the logo or copyrighted material

in possession of the fire company or EMS company is

prohibited.

(5) The act of taking pictures or making video or voice

recordings when on duty and responding to an emergency is

prohibited unless authorized by the chief of a fire company

or the supervisor or chief of an EMS company for an official

purpose that directly relates to a training or investigative

purpose.

(6) The act of posting, uploading, downloading or

sharing images, recordings or videos taken when on duty and

responding to an emergency is prohibited.

(7) An individual who violates the social media policy

shall be reported to the chief of a fire company or the

supervisor or chief of an EMS company. Disciplinary action

shall be at the discretion of the chief of a fire company and

the supervisor or chief of an EMS company.

(8) Media content that violates the social media policy

as determined by the chief of a fire company or the

supervisor or chief of an EMS company must be removed from

the social media website by the individual who posted or

uploaded the content. If the media content is not removed,

disciplinary action may be taken by the chief of a fire

company or the supervisor or chief of an EMS company, which

may include immediate dismissal.

(9) Dissemination of sensitive or personal information

related to an emergency response or event through technology

of the fire company or EMS company may be subject to

discovery through legal means and may expose the fire company

or EMS company, and the individual that posts or uploads the

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personal or sensitive information, to lawsuits and legal

liability.

(1) Provide training on its social media policy to all

volunteers, members and employees of the fire company or EMS

company.

(2) Document the training provided. The documentation

must indicate that volunteers, members and employees have

been informed of and understand the social media policy of

the fire company or EMS company.

(d) Social media policy to be made available.--A fire

company and an EMS company must make available the social media

policy of the fire company or EMS company to volunteers, members

and employees of the fire company or EMS company. A fire company

and an EMS company shall post its social media policy in a

conspicuous location where notices to volunteers, members and

employees are usually posted.

Section 4. The State Fire Commissioner may establish

guidelines and forms necessary to carry out this act.

Section 5. This act shall take effect in 60 days.

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