PRINTER'S NO. 73
No. 79 Session of 2005
INTRODUCED BY HANNA, BUNT, CURRY, FABRIZIO, GERGELY, KOTIK, McCALL, PISTELLA, SAINATO, SOLOBAY, THOMAS, TIGUE, WALKO, WASHINGTON, YOUNGBLOOD, BELARDI, CAUSER, DeWEESE, GEORGE, GOODMAN, MANN, MELIO, READSHAW, SHANER, STABACK, MUNDY AND FREEMAN, JANUARY 25, 2005
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JANUARY 25, 2005
AN ACT 1 Providing for reimbursement to certain emergency services 2 providers of the cost of responding to a request for 3 emergency services on certain State-owned lands. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Emergency 8 Services Provider Reimbursement Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Department." The Department of Conservation and Natural 14 Resources of the Commonwealth. 15 "Emergency communication center." An officially recognized 16 and approved Federal, State, county or municipal operation whose
1 purpose is to receive emergency calls; to determine the 2 appropriate agency, equipment and/or vehicles required to 3 respond to these calls; and then to dispatch the appropriate 4 agency, equipment and/or emergency vehicle or vehicles to the 5 location of the emergency situation, incident or event. 6 "Emergency services provider." A municipal, public, private 7 or nonprofit service whose purpose is to respond to emergency 8 situations, incidents and events and provide emergency or 9 nonemergency assistance and service to the public. The term 10 includes, but is not limited to, a hazardous materials response 11 unit, fire service, ambulance, heavy and light rescue squad 12 unit, quick response unit and other related vehicle used in the 13 normal operation of an emergency service, and a volunteer 14 emergency service. 15 "Emergency situation, incident or event." A disaster; 16 hazardous materials incident; fire; industrial or private 17 security or fire alarm systems; industrial accidents; auto 18 accidents; medical emergencies; nonemergency calls for medical 19 assistance; or any other situation, incident or event that does 20 or may present a potential danger and/or threat to the health 21 and safety of members of the public. 22 "False alarm." A willfully fraudulent and intentional 23 transmission or request for a response by a volunteer emergency 24 services organization where the person making the transmission 25 or request knows there is no need for the transmission or 26 request. A person transmitting or requesting a response by a 27 volunteer emergency services organization who perceives or feels 28 there could be or may be a need for the transmission or request 29 shall not be considered to have transmitted or requested a 30 willfully fraudulent and intentional false alarm. 20050H0079B0073 - 2 -
1 "Municipal emergency services department." A fire 2 department, ambulance service or rescue squad established, 3 operated and funded by the municipality. 4 "Officially recognized dispatch." The dispatch of a 5 volunteer emergency services organization by an officially 6 recognized and approved emergency communication center or 7 response to a special call or request from the Pennsylvania 8 State Police or local police whether it comes through an 9 emergency communication center or not. A volunteer emergency 10 services organization that responds to a special call or request 11 from the Pennsylvania State Police or local police that has not 12 come through an officially recognized and approved emergency 13 communication center must be approved by an officially 14 recognized emergency communication center prior to responding to 15 the special call or request. Upon notification by a volunteer 16 emergency services organization of a request for dispatch, the 17 emergency communication center shall approve the response and 18 assign a dispatch number to the volunteer emergency services 19 organization and then contact the municipal emergency services 20 department, organization or person making the request to confirm 21 the request. 22 "Person." Includes a corporation, partnership, business 23 trust, other association, governmental entity other than the 24 Commonwealth, estate, trust, foundation or natural person. 25 "State-owned land." Land that is owned or leased by or under 26 the control of the Department of Conservation and Natural 27 Resources. 28 "Volunteer ambulance service." A nonprofit chartered 29 corporation, association or organization located in this 30 Commonwealth which is regularly engaged in the service of 20050H0079B0073 - 3 -
1 providing emergency medical care and transportation of patients. 2 "Volunteer emergency service organization." An organization 3 which is a volunteer fire company, volunteer ambulance service, 4 volunteer rescue squad or volunteer hazardous material response 5 team. 6 "Volunteer fire company." A nonprofit chartered 7 organization, association or organization located in this 8 Commonwealth which provides fire protection services, including 9 fire police services, and other volunteer emergency service 10 within this Commonwealth. Volunteer emergency service provided 11 by a volunteer fire company may include volunteer ambulance and 12 volunteer rescue service. 13 "Volunteer hazardous material response team." A nonprofit 14 chartered corporation, association or organization located in 15 this Commonwealth whose members are specially trained to respond 16 to accidents or situations where hazardous or toxic materials 17 are released into the environment. 18 "Volunteer rescue squad." A nonprofit chartered corporation, 19 association or organization located in this Commonwealth which 20 provides rescue service in this Commonwealth. 21 Section 3. Reimbursement for emergency services responses. 22 (a) General rule.--The department shall pay to an emergency 23 services provider $225 for each time that the department 24 requests emergency services on State-owned land from the 25 emergency services provider and the emergency services provider 26 responds to the request. 27 (b) Procedures.--The department shall develop procedures by 28 which the department requests emergency services on State-owned 29 land from an emergency services provider and makes payment to 30 the emergency services provider as required by subsection (a). 20050H0079B0073 - 4 -
1 (c) Payment.--The department shall reimburse an emergency 2 services provider under this act by making payment as follows: 3 (1) to the volunteer emergency service organization that 4 responded; 5 (2) where a municipal emergency services department that 6 serves one municipality responded, to the municipality; or 7 (3) where a municipal emergency services department that 8 serves more than one municipality responded, directly to the 9 municipal emergency services department. 10 Section 4. Certain municipalities exempt. 11 This act shall not apply to an agreement for the provision of 12 emergency services entered into between the department and an 13 emergency services provider on or before the effective date of 14 this act. 15 Section 5. Effective date. 16 This act shall take effect in 60 days. L17L35SFL/20050H0079B0073 - 5 -