PRINTER'S NO. 2029
No. 1608 Session of 2003
INTRODUCED BY HANNA, BELARDI, BELFANTI, CAPPELLI, CREIGHTON, DALEY, DeWEESE, FABRIZIO, GEORGE, GRUCELA, JAMES, MELIO, PALLONE, SOLOBAY, SURRA, YOUNGBLOOD, McNAUGHTON, S. MILLER, PISTELLA, STABACK AND WOJNAROSKI, JUNE 16, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 16, 2003
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 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 "Commonwealth agency." An executive agency, an independent 14 agency or a State-affiliated entity, as those terms are defined 15 in 62 Pa.C.S. § 103 (relating to definitions). 16 "Emergency communication center." An officially recognized 17 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 to any other situation, incident or event that 20 does or may present a potential danger and/or threat to the 21 health 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. 20030H1608B2029 - 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 a Commonwealth agency. 27 "Volunteer ambulance service." A nonprofit chartered 28 corporation, association or organization located in this 29 Commonwealth which is regularly engaged in the service of 30 providing emergency medical care and transportation of patients. 20030H1608B2029 - 3 -
1 "Volunteer emergency service organization." An organization 2 which is a volunteer fire company, volunteer ambulance service, 3 volunteer rescue squad or volunteer hazardous material response 4 team. 5 "Volunteer fire company." A nonprofit chartered 6 organization, association or organization located in this 7 Commonwealth which provides fire protection services, including 8 fire police services, and other volunteer emergency service 9 within this Commonwealth. Volunteer emergency service provided 10 by a volunteer fire company may include volunteer ambulance and 11 volunteer rescue service. 12 "Volunteer hazardous material response team." A nonprofit 13 chartered corporation, association or organization located in 14 this Commonwealth whose members are specially trained to respond 15 to accidents or situations where hazardous or toxic material are 16 released into the environment. 17 "Volunteer rescue squad." A nonprofit chartered corporation, 18 association or organization located in this Commonwealth which 19 provides rescue service in this Commonwealth. 20 Section 3. Reimbursement for emergency services responses. 21 (a) General rule.--A Commonwealth agency shall pay to an 22 emergency services provider $225 for each time that the 23 Commonwealth agency requests emergency services on State-owned 24 land from the emergency services provider and the emergency 25 services provider responds to the request. 26 (b) Procedures.--Each Commonwealth agency shall develop 27 procedures by which the Commonwealth agency requests emergency 28 services on State-owned land from an emergency services provider 29 and makes payment to the emergency services provider as required 30 by subsection (a). 20030H1608B2029 - 4 -
1 (c) Payment.--A Commonwealth agency required to reimburse an 2 emergency services provider under this act shall make payment: 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 a Commonwealth agency 13 and an emergency services provider on or before the effective 14 date of this act. 15 Section 5. Effective date. 16 This act shall take effect in 60 days. B7L35JLW/20030H1608B2029 - 5 -