PRIOR PRINTER'S NO. 519 PRINTER'S NO. 2853
No. 481 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, GEORGE, HENNESSEY, NICKOL, B. SMITH, SOLOBAY, TIGUE AND E. Z. TAYLOR, FEBRUARY 6, 2001
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 2001
AN ACT 1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as 2 reenacted and amended, "An act defining the liability of an 3 employer to pay damages for injuries received by an employe 4 in the course of employment; establishing an elective 5 schedule of compensation; providing procedure for the 6 determination of liability and compensation thereunder; and 7 prescribing penalties," further providing for rescue 8 volunteers. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 601 of the THE act of June 2, 1915 <-- 12 (P.L.736, No.338), known as the Workers' Compensation Act, 13 reenacted and amended June 21, 1939 (P.L.520, No.281), is 14 amended by adding a clause SECTION to read: <-- 15 Section 601. * * * <-- 16 (e) Each municipality which does not have a fire company, 17 ambulance corps, quick response service, rescue and lifesaving 18 squad, hazardous material support team or a certified municipal 19 emergency management coordinator, or hazardous materials 20 response team located within its corporate limits and which
1 receives fire protection services, ambulance services including 2 emergency medical services and quick response services, 3 emergency management services, rescue and lifesaving services, 4 hazardous material support services or certified hazardous 5 materials response services from the volunteer fire company, 6 volunteer ambulance corps, volunteer quick response service, 7 volunteer rescue and lifesaving squad, municipal emergency 8 management coordinator, volunteer hazardous material support 9 service or certified hazardous materials response team of 10 another municipality pursuant to a contract, standing agreement 11 or arrangement shall reimburse the municipality in which the 12 volunteer fire company, volunteer ambulance corps, volunteer 13 quick response service, volunteer rescue and lifesaving squad, 14 municipal emergency management coordinator, volunteer hazardous 15 material support service or certified hazardous materials 16 response team is located for a portion of the cost of the 17 workers' compensation premiums covering members of the volunteer 18 fire company, volunteer ambulance corps, volunteer quick 19 response service, volunteer rescue and lifesaving squad, 20 municipal emergency management coordinator, volunteer hazardous 21 material support service or certified hazardous materials 22 response team. The appropriate portion of the cost shall be 23 determined by multiplying the entire cost of the premium by the 24 percentage that the individual municipality's population served 25 by such volunteer fire company, volunteer ambulance corps, 26 volunteer quick response service, volunteer rescue and 27 lifesaving squad, municipal emergency management coordinator, 28 volunteer hazardous material support service or certified 29 hazardous materials response team bears to the total population 30 served by such volunteer fire company, volunteer ambulance 20010H0481B2853 - 2 -
1 corps, volunteer quick response service, volunteer rescue and 2 lifesaving squad, municipal emergency management coordinator, 3 volunteer hazardous material support service or certified 4 hazardous materials response team: Provided, however, That no 5 segment of the population shall be included in more than one 6 service area for purposes of calculating workers' compensation 7 premiums under this clause. In the event that the "first due 8 area" for fire response and emergency medical service response 9 differ within a municipality, then payments by that municipality 10 shall be calculated using the first due area for fire response. 11 Nothing in this clause shall prevent the municipalities from 12 agreeing to share the cost on some other basis. 13 SECTION 602. (A) THE FOLLOWING SHALL APPLY: <-- 14 (1) A MUNICIPALITY OR AN AREA OF A MUNICIPALITY WHICH 15 RECEIVES EMERGENCY SERVICES PURSUANT TO A CONTRACT, STANDING 16 AGREEMENT OR ARRANGEMENT FROM A VOLUNTEER EMERGENCY SERVICE 17 PROVIDER LOCATED IN A HOST MUNICIPALITY SHALL REIMBURSE THE HOST 18 MUNICIPALITY UNDER THE PROVISIONS OF EITHER CLAUSE (2) OR (3). 19 (2) REIMBURSEMENT UNDER CLAUSE (1) SHALL BE FOR A PORTION OF 20 THE COST OF THE WORKERS' COMPENSATION PREMIUMS COVERING THE 21 MEMBERS OF THE VOLUNTEER EMERGENCY SERVICE PROVIDER. THE 22 APPROPRIATE PORTION OF THE COST SHALL BE DETERMINED AS FOLLOWS: 23 (I) DETERMINE THE POPULATION RATIO OF THE MUNICIPALITY OR 24 THE AREA OF THE MUNICIPALITY RECEIVING EMERGENCY SERVICES TO THE 25 ENTIRE POPULATION (HOST MUNICIPALITY AND THE MUNICIPALITY OR THE 26 AREA OF THE MUNICIPALITY) RECEIVING EMERGENCY SERVICES FROM THE 27 VOLUNTEER EMERGENCY SERVICE PROVIDER. THE FOLLOWING SHALL APPLY: 28 (A) NO SEGMENT OF THE POPULATION OF THE MUNICIPALITY OR AREA 29 OF THE MUNICIPALITY RECEIVING EMERGENCY SERVICES MAY BE INCLUDED 30 IN MORE THAN ONE SERVICE AREA FOR PURPOSES OF CALCULATING THE 20010H0481B2853 - 3 -
1 RATIO UNDER SUBCLAUSE (I). 2 (B) IF THE "FIRST DUE AREA" FOR FIRE PROTECTION SERVICES AND 3 THE "FIRST DUE AREA" FOR EMERGENCY MEDICAL SERVICES DIFFER 4 WITHIN A MUNICIPALITY OR AN AREA OF A MUNICIPALITY RECEIVING 5 EMERGENCY SERVICES, THEN THE RATIO UNDER SUBCLAUSE (I) SHALL BE 6 CALCULATED USING THE "FIRST DUE AREA" FOR FIRE PROTECTION 7 SERVICES. 8 (II) MULTIPLY THE RATIO UNDER SUBCLAUSE (I) BY THE HOST 9 MUNICIPALITY'S ENTIRE COST OF THE WORKERS' COMPENSATION PREMIUM 10 FOR COVERING MEMBERS OF THE VOLUNTEER EMERGENCY SERVICE 11 PROVIDER. 12 (3) THE HOST MUNICIPALITY AND THE MUNICIPALITY RECEIVING THE 13 EMERGENCY SERVICES MAY AGREE TO SHARE THE COST ON SOME OTHER 14 BASIS. 15 (B) AS USED IN THIS SECTION: 16 "EMERGENCY SERVICES" SHALL MEAN ANY OF THE FOLLOWING: 17 (I) FIRE PROTECTION SERVICES. 18 (II) AMBULANCE SERVICES. 19 (III) EMERGENCY MEDICAL SERVICES. 20 (IV) QUICK RESPONSE SERVICES. 21 (V) EMERGENCY MANAGEMENT SERVICES. 22 (VI) RESCUE AND LIFESAVING SERVICES. 23 (VII) HAZARDOUS MATERIAL SUPPORT SERVICES. 24 (VIII) CERTIFIED HAZARDOUS MATERIALS RESPONSE SERVICES. 25 "HOST MUNICIPALITY" SHALL MEAN A MUNICIPALITY THAT IS 26 RESPONSIBLE FOR WORKERS' COMPENSATION PREMIUMS FOR AN EMERGENCY 27 SERVICE PROVIDER LOCATED WITHIN ITS CORPORATE BOUNDARIES. 28 "VOLUNTEER EMERGENCY SERVICE PROVIDER" SHALL MEAN ANY OF THE 29 FOLLOWING: 30 (I) A VOLUNTEER FIRE COMPANY. 20010H0481B2853 - 4 -
1 (II) A VOLUNTEER AMBULANCE CORPS. 2 (III) A VOLUNTEER QUICK RESPONSE SERVICE. 3 (IV) A VOLUNTEER RESCUE AND LIFESAVING SQUAD. 4 (V) A VOLUNTEER HAZARDOUS MATERIALS SUPPORT TEAM. 5 (VI) A VOLUNTEER CERTIFIED MUNICIPAL EMERGENCY MANAGEMENT 6 COORDINATOR. 7 (VII) A VOLUNTEER HAZARDOUS MATERIALS RESPONSE TEAM. 8 Section 2. This act shall take effect in 30 days. L27L77SFL/20010H0481B2853 - 5 -