AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, providing for soliciting by first
3responder organizations.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 35 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 7714. Soliciting by first responder organizations.

9(a) Soliciting donations.--Except as provided for under 75
10Pa.C.S. § 3545 (relating to pedestrians soliciting rides or 
11business), a first responder organization approved by the
12municipality or the Department of Transportation, for highways
13under its jurisdiction, may solicit donations as follows:

14(1) Solicitations may be conducted on behalf of or by a
15bona fide, duly constituted first responder organization in
16accordance with the following:

17(i) The solicitation shall only occur at a

1controlled-intersection approach which contains a stop
2sign or a traffic signal.

3(ii) A first responder organization shall obtain the
4written approval of the municipality where the
5solicitation occurs and the written approval of the
6Department of Transportation for highways under its
7jurisdiction. The municipality and the Department of
8Transportation, for highways under its jurisdiction, may
9base the decision regarding approval or disapproval on
10public safety or traffic operations issues. Approval may
11be revoked if concerns are raised due to unanticipated
12public safety or a traffic operation event.

13(iii) The municipality or Department of
14Transportation for highways under its jurisdiction shall
15be permitted to establish limitations on any of the
16following:

17(A) Duration of the solicitation.

18(B) The time of day when solicitation shall
19occur.

20(C) The number of individuals engaging in
21solicitation.

22(iv) A solicitor on behalf of a first responder
23organization shall adhere to the following:

24(A) The solicitor must have both liability and
25workers' compensation insurance provided by the
26organization for which the solicitor is soliciting if
27the solicitor is a bona fide member of the
28organization.

29(B) The solicitor must be accompanied at all
30times by an individual trained in first aid and must

1have a first aid kit present at all times.

2(C) The solicitor must wear a Pennsylvania
3Department of Transportation-approved traffic safety
4vest.

5(b) Definitions.--As used in this section, the term "first
6responder organization" means any of the following which is
7located in this Commonwealth:

8(1) A volunteer fire, rescue or emergency medical
9services company.

10(2) Law enforcement personnel.

11(3) Other individuals who protect the public safety.

12(4) A nonprofit organization as classified under section
13501(c)(3) of the Internal Revenue Code of 1986 (Public Law
1499-514, 26 U.S.C. § 501(c)(3)).

15Section 2. This act shall take effect in 60 days.