SENATE AMENDED PRIOR PRINTER'S NOS. 519, 2853 PRINTER'S NO. 3946
No. 481 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, GEORGE, HENNESSEY, NICKOL, B. SMITH, SOLOBAY, TIGUE, E. Z. TAYLOR AND HANNA, FEBRUARY 6, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 4, 2002
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 WORKERS' <-- 8 COMPENSATION PREMIUMS FOR rescue volunteers. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The act of June 2, 1915 (P.L.736, No.338), known 12 as the Workers' Compensation Act, reenacted and amended June 21, 13 1939 (P.L.520, No.281), is amended by adding a section to read: 14 Section 602. (a) The following shall apply: 15 (1) A municipality or an area of a municipality which 16 receives emergency services pursuant to a contract, standing 17 agreement or arrangement from a volunteer emergency service 18 provider located in a host municipality shall reimburse the host 19 municipality under the provisions of either clause (2) or (3).
1 (2) Reimbursement under clause (1) shall be for a portion of 2 the cost of the workers' compensation premiums covering the 3 members of the volunteer emergency service provider. The 4 appropriate portion of the cost shall be determined as follows: 5 (i) Determine the population ratio of the municipality or 6 the area of the municipality receiving emergency services to the 7 entire population (host municipality and the municipality or the 8 area of the municipality) receiving emergency services from the 9 volunteer emergency service provider. The following shall apply: 10 (A) No segment of the population of the municipality or area 11 of the municipality receiving emergency services may be included 12 in more than one service area for purposes of calculating the 13 ratio under subclause (i). 14 (B) If the "first due area" for fire protection services and 15 the "first due area" for emergency medical services differ 16 within a municipality or an area of a municipality receiving 17 emergency services, then the ratio under subclause (i) shall be 18 calculated using the "first due area" for fire protection 19 services. 20 (ii) Multiply the ratio under subclause (i) by the host 21 municipality's entire cost of the workers' compensation premium 22 for covering members of the volunteer emergency service 23 provider. 24 (3) The host municipality and the municipality receiving the 25 emergency services may agree to share the cost on some other 26 basis. 27 (b) As used in this section: 28 "Emergency services" shall mean any of the following: 29 (i) Fire protection services. 30 (ii) Ambulance services. 20010H0481B3946 - 2 -
1 (iii) Emergency medical services. 2 (iv) Quick response services. 3 (v) Emergency management services. 4 (vi) Rescue and lifesaving services. 5 (vii) Hazardous material support services. 6 (viii) Certified hazardous materials response services. 7 "Host municipality" shall mean a municipality that is 8 responsible for workers' compensation premiums for an emergency 9 service provider located within its corporate boundaries. 10 "Volunteer emergency service provider" shall mean any of the 11 following: 12 (i) A volunteer fire company. 13 (ii) A volunteer ambulance corps. 14 (iii) A volunteer quick response service. 15 (iv) A volunteer rescue and lifesaving squad. 16 (v) A volunteer hazardous materials support team. 17 (vi) A volunteer certified municipal emergency management 18 coordinator. 19 (vii) A volunteer hazardous materials response team. 20 Section 2. This act shall take effect in 30 days JANUARY 1, <-- 21 2003. L27L77SFL/20010H0481B3946 - 3 -