PRINTER'S NO. 4591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2957
Session of
2020
INTRODUCED BY RABB, SOLOMON, BULLOCK AND MADDEN,
NOVEMBER 5, 2020
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 5, 2020
AN ACT
Amending Titles 18 (Crimes and Offenses) and 35 (Health and
Safety) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, providing for sale or
transfer of high-power firearm ammunition; and, in
Commonwealth services, further providing for intrastate
mutual aid and providing for the PennCorps State defense
force.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6111.6. Sale or transfer of high-power firearm ammunition.
(a) Sale or transfer.--The sale or transfer of high-power
firearm ammunition shall be restricted to active members of the
PennCorps who have firearm licenses. The following shall apply:
(1) Individuals who possess high-power firearm
ammunition upon the effective date of this section may keep
the ammunition.
(2) An individual legally possessing ammunition under
this section may not sell or transfer the ammunition to any
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other individual except an active PennCorps member.
(3) The individual may not buy more ammunition.
(b) Offense defined.--It is unlawful for any person other
than a PennCorps member to sell or transfer high-power firearm
ammunition.
(c) Grading.--An individual who sells or transfers, or
attempts to sell or transfer, ammunition to an individual who is
not an active PennCorps member commits a misdemeanor of the
first degree.
(d) Definitions.--As used in this section, "high-power
firearm ammunition" shall mean the following types of
ammunition:
(1) Ammunition constructed entirely from one or a
combination of tungsten alloys, steel, iron, brass, bronze,
beryllium copper or depleted uranium.
(2) A full-jacketed projectile larger than .22 caliber
and whose jacket has a weight of more than 25% of the total
weight of the projectile.
(3) Ammunition that is .50 caliber or greater.
(4) Flechette ammunition.
(5) Ammunition that contains exothermic pyrophoric mesh
metal as a projectile and is designed for the sole purpose of
throwing or spewing a flame or fireball to simulate a
flamethrower.
(6) Bolo shells.
(7) Hollow Nose, Dum-Dum or other ammunition designed to
expand upon impact.
Section 2. Subchapter C of Chapter 73 of Title 35 is amended
to read:
SUBCHAPTER C
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[INTRASTATE MUTUAL AID
Sec.
7331. Purpose of subchapter.
7332. Definitions.
7333. Intrastate Mutual Aid Committee.
7334. System.
7335. Assistance.
7336. License, certificate and permit portability.
7337. Insurance.
7338. Workers' compensation.
7339. Immunity.
7340. Effect on other agreements.
§ 7331. Purpose of subchapter.
The purpose of this subchapter is to create a system of
intrastate mutual aid between participating political
subdivisions within this Commonwealth, whereby each
participating political subdivision recognizes that emergencies
transcend the boundaries of a political subdivision and that
intergovernmental coordination is essential for the protection
of lives and property and for the best use of available public
and private assets. The system shall provide for mutual
assistance among the participating political subdivisions in the
prevention of, response to and recovery from threats to public
health and safety that are beyond the capability of an affected
community to respond. The system shall provide for mutual
cooperation among the participating subdivisions in conducting
exercises, testing or other training activities.
§ 7332. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Agency." The Pennsylvania Emergency Management Agency.
"Committee." The Intrastate Mutual Aid Committee.
"Dedicated emergency response organization." Any entity
organized, chartered or incorporated in this Commonwealth or
chartered by the Congress of the United States for the primary
purpose of providing emergency services. The term shall include
volunteer, career and combination organizations.
"Emergency responder." An individual in the public or
private sector who has special skills, qualifications, training,
knowledge or experience, whether or not the person possesses a
license, certificate, permit or other official recognition for
the skills, qualifications, training, knowledge or experience,
that would benefit a participating political subdivision in
responding to an authorized mutual aid request or participating
in an authorized drill or exercise. The term shall include a law
enforcement officer, a firefighter, an emergency medical
services worker, a physician, nurse or other public health
worker, an emergency management official, a coroner or medical
examiner, a State-certified hazardous materials team member, a
public works worker, a building inspector, an architect, an
engineer or other design professional or a person with
specialized equipment operations skills or training or with any
other skills needed to provide aid in a declared emergency.
"Incident." Any event or condition which constitutes an
actual or imminent threat to public health and safety, public or
private property or the economic well-being of the community.
"Incident commander." The individual responsible for all
incident-related activities, including the development of
strategies and tactics and the ordering and releasing of
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resources as provided under the National Incident Management
System.
"Mutual aid." Mutual assistance and sharing of resources
among participating political subdivisions in the prevention of,
response to and recovery from threats to public health and
safety that are beyond the capability of an affected community
to respond.
"National Incident Management System." The National Incident
Management System established by the United States Department of
Homeland Security.
"Participating political subdivision." A political
subdivision that has not opted out of the intrastate mutual aid
system.
"Political subdivision." Any county, city, borough,
incorporated town or township. The term shall include any
council of governments established among any of the above.
"Requesting political subdivision." A participating
political subdivision that requests assistance under this
subchapter.
"Responding political subdivision." A participating
political subdivision that responds to a request for assistance
under this subchapter.
"System." The intrastate mutual aid system.
§ 7333. Intrastate Mutual Aid Committee.
(a) Establishment.--There is established the Intrastate
Mutual Aid Committee.
(b) Membership.--The committee shall be comprised of the
following members:
(1) The director of the agency or a designee, who shall
serve as the chairman of the committee.
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(2) The State Fire Commissioner and the Director of the
Bureau of Emergency Medical Services of the Department of
Health or any successor bureau or administrative unit having
similar responsibilities.
(3) Three representatives each from the career fire
services, the volunteer fire services and the emergency
medical services.
(4) Three county emergency management agency directors,
one from each agency area, who shall be recommended by the
respective agency area directors.
(5) One representative each from the State Chiefs of
Police Association, the State Fraternal Order of Police and
the Pennsylvania State Police.
(6) One representative each from the Statewide county
and municipal government associations' representative elected
officials.
(7) Three representatives from county-based 911
programs.
(8) One representative from the Pennsylvania State
Coroners Association.
(c) Appointments.--Each member under subsection (b) shall be
appointed by the director of the agency, and the appointment
shall be based on recommendations from the organizations and
associations represented. The county-based 911 members shall be
selected from recommendations made by the three agency area
directors.
(d) Terms of office.--Members shall serve a term of two
years and may be appointed for subsequent terms.
(e) Duties of committee.--The committee shall do all of the
following:
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(1) Hold at least one meeting each year to review the
progress and status of the intrastate mutual aid system.
(2) Provide participating political subdivisions with a
method to track and evaluate the system.
(3) Examine issues facing participating political
subdivisions and emergency responders regarding the
implementation of this subchapter.
(4) Prepare an annual report on the condition and
effectiveness of mutual aid in this Commonwealth, which shall
be submitted to the chairperson and minority chairperson of
the Veterans Affairs and Emergency Preparedness Committee of
the Senate and the chairperson and minority chairperson of
the Veterans Affairs and Emergency Preparedness Committee of
the House of Representatives. This report may contain
recommendations for correcting any deficiencies within the
system.
(5) Develop all of the following:
(i) Comprehensive guidelines and procedures that
address all of the following:
(A) Projected or anticipated costs potentially
incurred by a participating political subdivision.
(B) Recordkeeping for participating political
subdivisions.
(C) Reimbursement procedures and other necessary
implementation elements.
(D) Any other procedures that the committee
deems necessary.
(ii) Checklists for requesting and providing
assistance.
(iii) Forms for requests and other records to
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document the deployment and return of assets.
§ 7334. System.
(a) Establishment.--An intrastate mutual aid system is
established for the purpose of providing mutual aid within this
Commonwealth.
(b) Participation.--
(1) All political subdivisions within this Commonwealth
shall be a part of the system unless the political
subdivision elects not to participate by enacting a
resolution declaring their desire not to participate and by
submitting a copy of the resolution to the agency and to its
county emergency management agency.
(2) All political subdivisions within this Commonwealth
shall consult with fire and emergency medical services
providers to discuss the emergency services needs of the
political subdivision.
(3) Any political subdivision that elects not to
participate in the system, as provided under subsection (a),
may at a later date elect to participate in the system by
enacting a resolution declaring its desire to participate and
by submitting a copy of the resolution to the agency and to
its county emergency management agency.
(4) Participation by a political subdivision in the
system of intrastate mutual aid established by this
subchapter shall not be subject to the requirements of 53
Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation).
(c) Responsibilities.--It shall be the responsibility of
each participating political subdivision with jurisdiction over
and responsibility for emergency management within that
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political subdivision to do all of the following:
(1) Identify potential hazards that could affect the
participating political subdivision using an identification
system as developed by the committee common to all
participating political subdivisions.
(2) Conduct joint planning, intelligence sharing and
threat assessment development with contiguous participating
political subdivisions.
(3) Conduct joint training with contiguous participating
political subdivisions at least biennially.
(4) Identify and inventory the current services,
equipment, supplies, personnel and other resources related to
planning, prevention, mitigation, response and recovery
activities of the participating political subdivisions in
accordance with the National Incident Management System
Integration Center resource management guidance.
(5) Adopt and implement the standardized incident
management system approved by the agency.
(6) Adopt and implement the National Incident Management
System requirements established by the United States
Department of Homeland Security.
§ 7335. Assistance.
(a) Requests.--A participating political subdivision may
request assistance of other participating political subdivisions
or their designated emergency response organizations. All
requests for assistance shall be initiated from the incident
commander or authorized designee at an incident location, the
county 911 center or the county emergency manager where the
incident occurs. All intrastate mutual aid requests for
assistance shall be made to the county 911 center or county
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emergency management coordinator or authorized designee in the
responding county. Intrastate mutual aid requests for assistance
may also be made through the agency. A written request shall be
submitted after a verbal request is made as soon as practicable
or within the number of days that the agency, in its discretion,
may determine.
(b) Response to requests.--A participating political
subdivision's obligation to provide assistance in the prevention
of, response to and recovery from an incident or in authorized
drills or exercises shall be subject to all of the following
conditions:
(1) A responding political subdivision may withhold
resources to the extent necessary to provide reasonable
protection and services for its own jurisdiction.
(2) Emergency response personnel of a responding
political subdivision shall remain under the administrative
and policy procedures and control of their respective
jurisdiction, including medical protocols, standard operating
procedures and other protocols, but shall be under the
operational control of the appropriate officials within the
incident management system of the requesting political
subdivision.
(3) Assets and equipment of a responding political
subdivision shall remain under the administrative and policy
procedures and control of their respective jurisdiction but
shall be under the control of the appropriate officials
within the incident management system of the requesting
political subdivision.
(4) The incident commander shall have overall authority
and responsibility for conducting incident operations and
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shall be responsible for the management of all incident
operations at the incident site.
(c) Reimbursement.--A requesting political subdivision shall
reimburse the responding political subdivision in accordance
with procedures established by the committee. A responding
political subdivision may donate assets of any kind to a
participating political subdivision. If a dispute arises
regarding reimbursement, involved parties shall make every
effort to resolve the dispute within 30 days of written notice
of the dispute by the party asserting noncompliance. In the
event that the dispute is not resolved within 90 days of the
notice of the claim, either party may request the dispute be
resolved through arbitration. Any arbitration requested under
this subsection shall be conducted under the commercial
arbitration rules of the American Arbitration Association.
(d) Exceptions.--The provisions of this section shall not
apply to specific mutual aid agreements which exist on the
effective date of this section and which were made between
political subdivisions and emergency response organizations to
cover response to routine incidents.
§ 7336. License, certificate and permit portability.
If a person holds a license, certificate or other permit
issued by a participating political subdivision or the
Commonwealth evidencing qualification in a professional,
mechanical or other skill and the assistance of that person or
entity is requested by a participating political subdivision,
the person shall be deemed to be licensed, certified or
permitted in the political subdivision requesting assistance for
the duration of the incident response or authorized drills or
exercises and subject to any limitations and conditions the
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chief executive of the participating political subdivision
receiving the assistance may prescribe by executive order or
otherwise.
§ 7337. Insurance.
A responding political subdivision shall ensure that adequate
insurance protection is in effect covering all vehicles and
equipment used in response to an intrastate mutual aid request.
Personnel of the responding political subdivision shall maintain
direct and overall control of all vehicles and equipment
utilized in an intrastate mutual aid response and shall ensure
that vehicles and equipment are used within intended design
specifications.
§ 7338. Workers' compensation.
Notwithstanding any other provision of law, a responding
political subdivision shall provide appropriate workers'
compensation insurance protection for municipal employees and
volunteers representing the responding political subdivision
when responding to a request under this system. Personnel of a
responding political subdivision who sustain injury or death in
the course of and arising out of their employment shall be
entitled to all applicable benefits normally available to
personnel while performing their duties for their employer.
Responders shall receive any additional Federal and State
benefits that may be available to them for line-of-duty deaths.
§ 7339. Immunity.
All activities performed under the intrastate mutual aid
system are deemed to be governmental functions. For the purposes
of liability, all persons responding under the operational
control of the requesting political subdivision shall be deemed
to be employees of the requesting participating political
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subdivision. Except in cases of willful misconduct, gross
negligence or bad faith, neither the participating political
subdivisions nor their employees shall be liable for the death
of or injury to persons or for damage to property when complying
or attempting to comply with the system. This subchapter shall
provide no immunity, rights or privileges for any individual
responding to an incident where the response has not been
requested by a participating political subdivision.
§ 7340. Effect on other agreements.
Nothing in this subchapter shall preclude participating
political subdivisions from entering into supplementary
agreements with another political subdivision. Nothing in this
subchapter shall affect any other agreement to which a political
subdivision may, on the effective date of this section, be a
party.] (Reserved).
Section 3. Chapter 73 of Title 35 is amended by adding a
subchapter to read:
SUBCHAPTER C.1
PENNCORPS
Sec.
7331.1. Definitions.
7332.1. PennCorps.
7333.1. PennCorps Oversight Committee.
7334.1. Requests for assistance and reimbursements.
7335.1. License, certificate and permit portability.
7336.1. Insurance.
7337.1. Workers' compensation.
7338.1. Immunity.
7339.1. Effect on other agreements.
7340.1. Grant.
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§ 7331.1. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Emergency Management Agency.
"Committee." The PennCorps Oversight Committee.
"Dedicated emergency response organization." An entity
organized, chartered or incorporated in this Commonwealth or
chartered by the Congress of the United States for the primary
purpose of providing emergency services. The term includes
volunteer, career and combination organizations.
"Emergency responder." An individual in the public or
private sector who has special skills, qualifications, training,
knowledge or experience, whether or not the person possesses a
license, certificate, permit or other official recognition for
the skills, qualifications, training, knowledge or experience,
that would benefit a participating political subdivision in
responding to an authorized aid request or participating in an
authorized drill or exercise. The term includes a law
enforcement officer, a firefighter, an emergency medical
services worker, a physician, nurse or other public health
examiner, an emergency management official, a coroner or medical
examiner, a State-certified hazardous materials team member, a
public works worker, a building inspector, an architect,
engineer or other design professional or a person with
specialized equipment operations, skills or training or with any
other skills needed to provide aid in an emergency.
"Incident." An event or condition which constitutes an
actual or imminent threat to public health and safety, public or
private property or the economic well-being of the community.
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"Political subdivision." A county, city, borough,
incorporated town or township. The term includes a council of
governments established among any of the above.
§ 7332.1. PennCorps.
(a) Establishment.--The PennCorps is established as the
State defense force of this Commonwealth .
(b) Membership.--The PennCorps shall be comprised of members
who meet the following requirements:
(1) Have been a Pennsylvania resident for at least the
last 12 consecutive months.
(2) Have no unpaid State fines or penalties.
(3) Are a current or retired volunteer firefighter if
the potential member is an applicant residing in a
municipality where the option is available.
(4) Have passed the appropriate physical and
psychological tests, within 60 days of membership approval,
as determined by the PennCorps Oversight Committee.
(c) Benefits.--The following benefits shall be given to each
member of PennCorps:
(1) A tax-exempt monthly stipend.
(2) Two points towards the civil service test for each
year of PennCorps service.
(3) Tuition assistance with Pennsylvania State System of
Higher Education schools.
(4) Student loan assistance.
(5) Homeownership assistance.
(6) Free training and professional development on topics
including implicit bias, cultural competency, dispute
resolution and any other topics the PennCorps Oversight
Committee find necessary.
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(7) Self-defense training.
(d) Duties.--The duties of the members shall include the
following:
(1) A cting as a substantive alternative or complement to
traditional police involvement.
(2) Assisting with public health and community safety
efforts, including:
(i) Contact tracing.
(ii) Violence prevention.
(iii) Youth engagement and mentorship.
(iv) Mental health and wellness interventions.
(v) Focused deference and group violence
intervention.
(vi) Substance abuse disorder work.
(vii) Grief counseling.
(viii) Trauma-informed care in areas including
schools and the court system.
(ix) Emergency assistance during natural and man-
made disasters.
(3) Any other assistance the committee and department
find necessary to enhance the well-being and quality of life
for all Pennsylvanians.
§ 7333.1. PennCorps Oversight Committee.
(a) Establishment.--The PennCorps Oversight Committee is
established.
(b) PennCorps Oversight Committee membership.-- The PennCorps
Oversight Committee shall be comprised of the following members:
(1) The director of the agency or a designee, who shall
serve as the chairman of the committee.
(2) The State Fire Commissioner and the Director of the
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Bureau of Emergency Medical Services of the Department of
Health or any successor bureau or administrative unit having
similar responsibilities.
(3) Three representatives each from the career fire
services, the volunteer fire services and the emergency
medical services.
(4) Three county emergency management agency directors,
one from each agency area, who shall be recommended by the
respective agency area directors.
(5) One representative each from the Statewide county
and municipal government associations' representative elected
officials.
(6) Three representatives from county-based 911
programs.
(7) One representative from the Department of Human
Services.
(8) One representative each from an organization that
works with mental health and an organization that works with
substance abuse and rehabilitation.
(c) Appointments.--Each member under subsection (b) shall be
appointed by the director of the agency and the appointment
shall be based on recommendations from the organizations and
associations represented. The county-based 911 members shall be
selected from recommendations made by the three agency area
directors.
(d) Terms of office.--Members shall serve a term of two
years and may be appointed for subsequent terms.
(e) Duties of committee.--The committee shall do all of the
following:
(1) Hold at least one meeting each year to review the
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progress and status of the PennCorps.
(2) Develop the appropriate physical and psychological
testing requirements for PennCorps members.
(3) Decide upon a tax-exempt stipend for PennCorps
service members. The stipend shall be reevaluated every other
year.
(4) Survey each entity that used the services of the
PennCorps during the most recent year to track and evaluate
the system.
(5) Examine the issues facing each participating entity
and discuss ways that PennCorps can assist in the coming
year.
(6) Prepare an annual report on the condition and
effectiveness of PennCorps in this Commonwealth and may
contain recommendations for correcting any deficiencies
within the system. This report shall be submitted to the
General Assembly.
(7) Develop all of the following:
(i) Comprehensive guidelines and procedures that
address all of the following:
(A) Projected or anticipated costs potentially
incurred by a participating political subdivision.
(B) Record keeping for participating political
subdivisions.
(C) Reimbursement procedures and other necessary
implementation elements.
(D) Any procedures that the committee deems
necessary.
(ii) Checklists for requesting and providing
assistance.
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(iii) Forms for requests and other records to
document the deployment and return of assets.
§ 7334.1. Requests for assistance and reimbursements.
(a) Requests.--Requests for assistance must be in accordance
with the following:
(1) A community group, quasi-governmental agency, public
sector agency or other entity where PennCorps engagement
could be a substantive alternative or complement to
traditional police involvement or other services may request
PennCorps assistance.
(2) Requests for assistance may be made through the
agency or to the 911 center or county emergency management
coordinator.
(3) A written request shall be submitted after a verbal
request is made as soon as practicable or within the number
of days that the agency, in its discretion, may determine.
(b) Reimbursement.--Reimbursements shall be in accordance
with the following:
(1) The requesting entity shall reimburse the PennCorps
in accordance with procedures established by the committee.
(2) The PennCorps may choose, in response to a majority
vote of the committee, to donate assets of any kind to an
entity that shows need.
(3) If a dispute arises regarding reimbursement,
involved parties shall make every effort to resolve the
dispute within 30 days of written notice of the dispute by
the party asserting noncompliance.
(4) In the event that the dispute is not resolved within
90 days of the notice of the claim, either party may request
the dispute be resolved through arbitration.
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(5) Any arbitration requested under this subsection
shall be conducted under the commercial arbitration rules of
the American Arbitration Association.
§ 7335.1. License, certificate and permit portability.
If a person holds a license, certificate or other permit
issued by the person's respective political subdivision or the
Commonwealth evidencing qualification in a professional,
mechanical or other skill and the assistance of that person or
entity is requested by an entity, the person shall be deemed to
be licensed, certified or permitted in the political
subdivision, county or area that is requesting assistance for
the duration of the incident response or authorized drills or
exercises and subject to any limitations and conditions the
chief executive of the participating entity may prescribe by
executive order or otherwise.
§ 7336.1. Insurance.
The agency and the PennCorps Oversight Committee shall ensure
that adequate insurance protection is in effect covering all
vehicles and equipment used in response to a request for
PennCorps assistance. The committee and agency shall maintain
direct and overall control of all vehicles and equipment
utilized in a PennCorps response and shall ensure that vehicles
and equipment are used within intended design specifications.
§ 7337.1. Workers' compensation.
Notwithstanding any other provision of law, the agency shall
provide appropriate workers' compensation insurance protection
for PennCorps members responding to a request for aid. A member
who sustains injury or death in the course of and arising out of
the membership shall be entitled to all applicable benefits
normally available to personnel while performing their duties
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for the PennCorps. Responders shall receive any additional
Federal and State benefits that may be available for line of
duty-deaths.
§ 7338.1. Immunity.
Each activity performed under this subchapter is deemed to be
a governmental function . For the purposes of liability, each
member responding under PennCorps shall be deemed to be an
employee of the agency. Except in cases of willful misconduct,
gross negligence or bad faith, neither the agency nor the
employee shall be liable for the death or injury to persons or
for damage to property when complying or attempting to comply
with the system. This subchapter shall provide no immunity,
rights or privileges for an individual responding to an incident
where the response has not been requested by an appropriate
entity.
§ 7339.1. Effect on other agreements.
Nothing in this subchapter shall preclude participating
entities from entering into or holding supplementary agreements
with other entities for the services offered by PennCorps.
§ 7340.1. Grant.
The agency shall establish a grant for entities who wish to
hire PennCorps members who have successfully completed the
necessary training to work within the community.
Section 4. This act shall take effect in 60 days.
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