PRIOR PRINTER'S NO. 2336 PRINTER'S NO. 2364
No. 1569 Session of 2002
INTRODUCED BY TOMLINSON, A. WILLIAMS, CORMAN, GREENLEAF,
HELFRICK, KITCHEN, CONTI, HUGHES, HOLL, ORIE, WENGER,
LEMMOND, WAUGH AND BOSCOLA, OCTOBER 24, 2002
SENATOR LEMMOND, STATE GOVERNMENT, AS AMENDED, NOVEMBER 13, 2002
AN ACT
1 Providing for counterterrorism planning, preparedness and
2 response; imposing powers and duties on the Pennsylvania
3 Emergency Management Agency, the Department of Health,
4 counties and municipalities; and providing for the
5 organization of various response teams.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Definitions.
10 Chapter 2. Counterterrorism Planning, Preparedness and Response
11 Section 201. Counterterrorism planning, preparedness and
12 response program.
13 Section 202. Regional counterterrorism task forces.
14 Section 203. Regional counterterrorism response and
15 preparedness.
16 Section 204. Urban search and rescue task force.
17 Section 205. Specialized Statewide response teams.
18 Section 206. Grant program.
1 Section 207. Immunity from civil liability. MISCELLANEOUS <--
2 PROVISIONS.
3 Chapter 3. Public Health Emergency Measures
4 Section 301. Temporary isolation and quarantine without notice.
5 Section 302. Appointment of health personnel. <--
6 Section 303. Private liability.
7 Chapter 4. Miscellaneous Provisions
8 Section 401. Donations management.
9 Section 402. Severability.
10 Section 403. Effective date.
11 SECTION 302. IMMUNITY FROM LIABILITY. <--
12 SECTION 303. EFFECTIVE DATE.
13 CHAPTER 1
14 GENERAL PROVISIONS
15 Section 101. Short title.
16 This act shall be known and may be cited as the
17 Counterterrorism Planning, Preparedness and Response Act.
18 Section 102. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Agency." The Pennsylvania Emergency Management Agency.
23 "Department." The Department of Health of the Commonwealth.
24 "Disaster medical assistance teams." A complement of
25 individuals organized in accordance with standards developed by
26 the Pennsylvania Emergency Management Agency and applicable
27 Federal agencies to provide medical service at the scene of
28 natural and manmade disasters and mass casualty incidents.
29 "Disaster mortuary teams." A complement of individuals
30 organized in accordance with standards developed by the
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1 Pennsylvania Emergency Management Agency and applicable Federal
2 agencies to provide mortuary service at the scene of natural and
3 manmade disasters and mass casualty incidents.
4 "FEMA." The Federal Emergency Management Agency.
5 "Letter of agreement." A written agreement between a
6 regional counterterrorism task force and a public, semipublic,
7 private or nonprofit corporation, business, association,
8 partnership, authority, individual or other entity that agrees
9 to provide personnel, equipment, supplies, training facilities
10 or other resources either directly to or in support of the task
11 force's specialized REGIONAL counterterrorism response team. All <--
12 letters of agreement entered into under the provisions of this
13 act must, at a minimum, address all of the following:
14 (1) Workers' compensation and death benefits.
15 (2) Use of 911 emergency communications centers and <--
16 other dispatch centers.
17 (2) USE OF COUNTY 911 COMMUNICATIONS CENTERS, COUNTY <--
18 EMERGENCY MANAGEMENT AGENCIES OR THE STATE EMERGENCY
19 OPERATIONS CENTER.
20 (3) Member participation in training exercises, drills
21 and actual activation and deployment.
22 "LOCAL HEALTH DEPARTMENT." A COUNTY DEPARTMENT OF HEALTH <--
23 UNDER THE ACT OF AUGUST 24, 1951 (P.L.1304, NO.315), KNOWN AS
24 THE LOCAL HEALTH ADMINISTRATION LAW, OR A DEPARTMENT OF HEALTH
25 IN A MUNICIPALITY APPROVED FOR A COMMONWEALTH GRANT TO PROVIDE
26 LOCAL HEALTH SERVICES UNDER SECTION 25 OF THE LOCAL HEALTH
27 ADMINISTRATION LAW.
28 "Manmade disaster." Any biological, chemical, nuclear,
29 radiological, industrial, commercial or transportation accident,
30 attack, explosion, conflagration, contamination, power failure,
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1 computer or communications failure, natural resource shortage or
2 other condition, including enemy or terrorist act, which
3 threatens or causes substantial property damage, human suffering
4 and hardship or loss of life.
5 "Municipal or municipality." A city, borough, incorporated
6 town, township or home rule municipality of this Commonwealth.
7 "MUTUAL AID." A COUNTY'S, MUNICIPALITY'S OR VOLUNTEER <--
8 SERVICE ORGANIZATION'S AFFIRMATIVE ACT OF SENDING ITS PERSONNEL,
9 EQUIPMENT OR RESOURCES TO THE SCENE OF AN ACTUAL OR POTENTIAL
10 NATURAL OR MANMADE DISASTER, WHETHER INSIDE OR OUTSIDE THE
11 BOUNDARIES OF THIS COMMONWEALTH, IN RESPONSE TO AN OFFICIAL
12 DISPATCH REQUEST FROM A COUNTY 911 COMMUNICATIONS CENTER, COUNTY
13 EMERGENCY MANAGEMENT AGENCY OR THE STATE EMERGENCY OPERATIONS
14 CENTER.
15 "Mutual aid agreement" or "mutual aid." "MUTUAL AID <--
16 AGREEMENT." A written agreement between a regional
17 counterterrorism task force and a county, municipality or
18 volunteer service organization whereby the county, municipality
19 or volunteer service organization agrees to provide personnel,
20 equipment or other resources in response to a potential or <--
21 actual terrorist incident or any other actual or potential
22 natural or manmade disaster. In the absence of a written
23 agreement, the term shall mean a county's, municipality's or
24 volunteer service organization's affirmative act of sending its
25 personnel, equipment or resources to the scene of an actual or
26 potential terrorist incident or natural or manmade disaster,
27 whether inside or outside the boundaries of this Commonwealth,
28 in response to an official dispatch request from a county 911
29 communications center, county emergency management agency or the
30 State emergency operations center. All AN ACTUAL OR POTENTIAL <--
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1 NATURAL OR MANMADE DISASTER. ALL mutual aid agreements entered
2 into under the provisions of this act must, at a minimum,
3 address all of the following:
4 (1) Workers' compensation and death benefits.
5 (2) Use of 911 emergency communications centers and <--
6 other dispatch centers.
7 (2) USE OF COUNTY 911 COMMUNICATIONS CENTERS, COUNTY <--
8 EMERGENCY MANAGEMENT AGENCIES OR THE STATE EMERGENCY
9 OPERATIONS CENTER.
10 (3) Member participation in training exercises, drills
11 and actual activation and deployment.
12 For the purposes of this act and any requirements established by <--
13 the Federal Government, these two terms shall be
14 interchangeable.
15 "Natural disaster." Any hurricane, tornado, storm, flood,
16 high water, earthquake, landslide, mudslide, snowstorm, drought,
17 insect infestation, fire, explosion or other natural catastrophe
18 which results in substantial property damage, human suffering
19 and hardship or loss of life.
20 "Regional counterterrorism task force." A group COMPLEMENT <--
21 of Federal, State, county and municipal emergency management,
22 health, law enforcement, public safety and other officials and
23 representatives from volunteer service organizations, private
24 business and industry, hospitals and medical care facilities and
25 other entities within a multicounty area as determined by the
26 agency that is responsible for conducting counterterrorism
27 planning, training preparedness and response activities.
28 "Specialized regional counterterrorism response team." A
29 complement of individuals ESTABLISHED BY A REGIONAL <--
30 COUNTERTERRORISM TASK FORCE AND organized in accordance with
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1 standards developed by the Pennsylvania Emergency Management
2 Agency and applicable Federal agencies to respond to emergencies
3 involving chemical, biological, radiological materials or other <--
4 weapons of mass destruction. AN ACTUAL OR POTENTIAL NATURAL OR <--
5 MANMADE DISASTER. SUCH TEAMS MAY INCLUDE DISASTER MEDICAL
6 ASSISTANCE TEAMS AND DISASTER MORTUARY RESPONSE TEAMS.
7 "Specialized Statewide response team." A complement of
8 individuals established ORGANIZED by the Commonwealth to provide <--
9 specialized personnel, equipment and other support capabilities
10 in response to a terrorist incident or other disaster emergency <--
11 in this Commonwealth. Specialized Statewide counterterrorism
12 response teams include, but are not limited to, disaster medical
13 IN RESPONSE TO AN ACTUAL OR POTENTIAL NATURAL OR MANMADE <--
14 DISASTER IN THIS COMMONWEALTH. SUCH TEAMS MAY INCLUDE DISASTER
15 MEDICAL assistance teams and disaster mortuary response teams.
16 "Terrorism." The unlawful use of force or violence committed
17 by a group or individual against persons or property to
18 intimidate or coerce a government, the civilian population or
19 any segment thereof, in furtherance of political or social
20 objectives.
21 "Urban search and rescue task force." A complement of
22 individuals organized BY THE AGENCY in accordance with standards <--
23 developed by the Pennsylvania Emergency Management Agency AGENCY <--
24 and the Federal Emergency Management Agency to provide emergency
25 response and search and rescue capabilities and resources at the
26 scene of a natural or manmade disaster, structure collapse or <--
27 other emergency.
28 "Volunteer service organization." A volunteer fire company,
29 volunteer ambulance or medical company, volunteer rescue squad
30 or any other volunteer entity organized and chartered or
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1 incorporated in this Commonwealth OR CHARTERED BY CONGRESS for <--
2 the primary purpose of providing emergency services as defined
3 in 35 Pa.C.S. § 7102 (relating to definitions).
4 "Weapon of mass destruction." Any biological, chemical, <--
5 nuclear, radiological, high explosive bomb, missile or other
6 weapon or device used by a terrorist or enemy of the United
7 States and designed to cause maximum injury or death to large
8 numbers of persons and widespread destruction to civilian and
9 governmental property and infrastructure.
10 CHAPTER 2
11 COUNTERTERRORISM PLANNING, PREPAREDNESS
12 AND RESPONSE
13 Section 201. Counterterrorism planning, preparedness and
14 response program.
15 (a) Program.--The Pennsylvania Emergency Management Agency
16 shall coordinate and consult with other State agencies,
17 departments and offices, including the Office of Homeland
18 Security OF THE COMMONWEALTH, to establish, develop and maintain <--
19 a counterterrorism planning, preparedness and response program
20 to promote and protect the health, safety and welfare of
21 emergency responders, public officials and the general public
22 from potential threats or actual acts of terrorism ACTUAL OR <--
23 POTENTIAL NATURAL OR MANMADE DISASTERS in this Commonwealth.
24 (b) Agency responsibilities.--The agency shall:
25 (1) Define the NECESSARY COMPONENTS AND composition of <--
26 regional counterterrorism task forces and specialized
27 regional counterterrorism response teams and the respective
28 regional counterterrorism zones for each. THE AGENCY SHALL <--
29 NOT BE RESPONSIBLE FOR APPOINTING INDIVIDUAL MEMBERS TO THE
30 REGIONAL COUNTERTERRORISM TASK FORCES OR THE SPECIALIZED
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1 REGIONAL COUNTERTERRORISM RESPONSE TEAMS.
2 (2) Provide training and technical assistance for
3 counterterrorism planning, preparedness and response. to <--
4 potential threats or actual acts of terrorism.
5 (3) Provide guidelines coordinating emergency response
6 activities with emergency responders, law enforcement and
7 Federal, State and municipal agencies and other entities
8 responsible for the health, safety and welfare of the
9 citizens of this Commonwealth.
10 (3) ESTABLISH GUIDELINES AND POLICIES TO COORDINATE <--
11 EMERGENCY RESPONSE ACTIVITIES WITH FEDERAL, STATE, COUNTY AND
12 MUNICIPAL EMERGENCY MANAGEMENT, HEALTH, LAW ENFORCEMENT,
13 PUBLIC SAFETY AND OTHER OFFICIALS AND REPRESENTATIVES FROM
14 VOLUNTEER SERVICE ORGANIZATIONS, PRIVATE BUSINESS AND
15 INDUSTRY, HOSPITALS AND MEDICAL CARE FACILITIES AND OTHER
16 ENTITIES RESPONSIBLE FOR THE HEALTH, SAFETY AND WELFARE OF
17 THE CITIZENS OF THIS COMMONWEALTH. THE AGENCY SHALL CONSULT
18 WITH REPRESENTATIVES OF THE REGIONAL COUNTERTERRORISM TASK
19 FORCES TO DEVELOP SUCH POLICIES AND GUIDELINES AND THOSE
20 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
21 (4) Require the preparation of counterterrorism
22 emergency response plans or protocols, readiness evaluation
23 reports or other documents deemed necessary by the agency.
24 (5) Provide grants and other funding assistance as
25 required by the provisions of this chapter.
26 (6) Conduct terrorist incident exercises at locations
27 within this Commonwealth to test the emergency response
28 capabilities of all parties involved in the counterterrorism
29 program.
30 (7) Assist PROVIDE TECHNICAL ASSISTANCE TO regional <--
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1 counterterrorism task forces in developing and entering into
2 mutual aid agreements and letters of agreement with other
3 parties.
4 (8) Establish a certification program for specialized
5 regional counterterrorism response teams within this <--
6 Commonwealth. The certification program shall set WHICH MAY <--
7 INCLUDE standards for the administration, composition,
8 training and equipping of the teams.
9 (c) Guidelines and policies.--The agency shall consult with <--
10 representatives of the regional counterterrorism task forces to
11 develop guidelines and policies necessary to carry out the
12 provisions of this chapter.
13 Section 202. Regional counterterrorism task forces.
14 (a) Establishment.--The agency, in coordination with county <--
15 emergency management agencies, county and municipal health,
16 police and public safety departments, volunteer services
17 organizations, private business and other parties shall
18 establish regional counterterrorism task forces throughout this
19 Commonwealth to conduct counterterrorism planning, preparedness
20 and response activities within the region.
21 (A) ESTABLISHMENT.--THE AGENCY, IN COORDINATION WITH STATE, <--
22 COUNTY AND MUNICIPAL EMERGENCY MANAGEMENT, HEALTH, LAW
23 ENFORCEMENT, PUBLIC SAFETY AND OTHER OFFICIALS AND
24 REPRESENTATIVES FROM VOLUNTEER SERVICE ORGANIZATIONS, PRIVATE
25 BUSINESS AND INDUSTRY, HOSPITALS AND MEDICAL CARE FACILITIES AND
26 OTHER ENTITIES RESPONSIBLE FOR THE HEALTH, SAFETY AND WELFARE OF
27 THE CITIZENS OF THIS COMMONWEALTH SHALL ESTABLISH REGIONAL
28 COUNTERTERRORISM TASK FORCES THROUGHOUT THIS COMMONWEALTH.
29 (b) Response plans.--Each regional counterterrorism task
30 force shall prepare a counterterrorism preparedness and response
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1 plan in accordance with guidelines developed by the agency. The
2 plan shall be completed SUBMITTED TO THE AGENCY within 180 days <--
3 of the effective date of this act. and submitted to the agency <--
4 for its review and approval. THE AGENCY SHALL REVIEW AND APPROVE <--
5 EACH PLAN IN A TIMELY MANNER, BUT NO LATER THAN 90 DAYS AFTER
6 ITS SUBMISSION TO THE AGENCY. The task force shall review and
7 update the plan on an annual basis.
8 (c) Meetings.--Regional counterterrorism task force meetings
9 that are called to discuss sensitive or classified law
10 enforcement, terrorist threat assessment or other confidential
11 public and/or private facility safety information shall not be
12 subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open
13 meetings).
14 Section 203. Regional counterterrorism response and
15 preparedness.
16 (a) Specialized regional counterterrorism response teams.--A
17 regional counterterrorism task force shall establish specialized
18 counterterrorism response teams to respond to potential threats <--
19 or actual terrorist incidents involving chemical, biological or
20 radiological materials or other weapons of mass destruction.
21 (b) Counterterrorism regional response zones.--The agency
22 REGIONAL COUNTERTERRORISM RESPONSE TEAMS. <--
23 (B) REGIONAL COUNTERTERRORISM RESPONSE ZONES.--THE AGENCY
24 shall establish primary and secondary regional response zones
25 within this Commonwealth for specialized regional
26 counterterrorism response teams. The regional response zones may
27 consist of multiple counties or portions of several adjoining
28 counties as determined by the agency.
29 (c) Activation and deployment.--A specialized regional
30 counterterrorism response team may be activated and deployed by
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1 the Governor, his designee or an official designated by the
2 appropriate regional counterterrorism task force.
3 (d) Grants.--Specialized regional counterterrorism response <--
4 teams may receive grants and funding from the Federal and
5 Commonwealth Government through application to the agency or
6 another entity providing grants or funding for the purposes of
7 this chapter.
8 Section 204. Urban search and rescue task force.
9 (a) Establishment of task forces.--The agency may SHALL <--
10 establish one or more urban search and rescue task forces to <--
11 provide specialized personnel, equipment and other capabilities
12 in response to a terrorist incident, structure collapse or other
13 disaster emergencies in this Commonwealth or another state. The
14 URBAN SEARCH AND RESCUE TASK FORCES. THE task forces shall also <--
15 provide professional, logistical, material and other forms of
16 support to regional counterterrorism task forces and specialized
17 regional counterterrorism response teams organized within this <--
18 Commonwealth.
19 (b) Organization.--Upon activation, an AN urban search and <--
20 rescue task force shall be organized in accordance with
21 guidelines, directives or agreements developed by the agency in <--
22 coordination with FEMA, members of the task force and other <--
23 interested parties or sponsoring organizations.
24 (c) Responsibilities.--The urban search and rescue task
25 force shall be responsible for carrying out urban search and
26 rescue activities and services in response to all natural,
27 manmade or war-caused COORDINATION WITH FEMA AND MEMBERS OF THE <--
28 TASK FORCE.
29 (C) RESPONSIBILITIES.--AN URBAN SEARCH AND RESCUE TASK FORCE
30 SHALL RESPOND TO ACTUAL OR POTENTIAL NATURAL OR MANMADE
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1 disasters in this Commonwealth and shall also perform search and
2 rescue functions as delineated in The Robert T. Stafford
3 Disaster Relief and Emergency Assistance Act (Public Law 93-288,
4 42 U.S.C. § 5121 et seq.), the Federal Response Plan or its
5 successor, and the counterterrorism preparedness and response
6 plans created in accordance with the provisions of this chapter.
7 (d) Activation and deployment.--An urban search and rescue
8 task force or any of its components, subgroups or regional
9 elements may only be activated and deployed to the scene of a
10 disaster by either the Governor OR HIS DESIGNEE, the President <--
11 of the United States or a FEMA-designated official. During an
12 activation and deployment by the Governor, the administrative
13 and operational costs of the task force, its individual members
14 and their employers, State agencies and other parties may SHALL <--
15 be paid under the provisions of the Governor's declaration of
16 disaster emergency, including paying or reimbursing any parties
17 for workers' compensation and death benefits in the event of
18 injury or death of a task force member.
19 (e) Workers' compensation and death benefits.--A member of
20 an urban search and rescue task force shall be eligible to
21 receive workers' compensation and death benefits in the event of
22 injury or death that occurs during the period of activation or
23 deployment.
24 (f) Funding, grants and donations.--In addition to any funds
25 that are provided to the task force under A TASK FORCE UNDER <--
26 SECTION 206 OR the authority of 35 Pa.C.S. § 7307 (relating to
27 use and appropriation of unused Commonwealth funds), the urban
28 search and rescue task force may be eligible to receive grants,
29 donations of equipment and supplies and other funds from any
30 source. As an agent of the Commonwealth, a task force is
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1 entitled to tax-exempt status from the Federal Government.
2 Section 205. Specialized Statewide response teams.
3 (a) Establishment.--The Commonwealth may establish one or
4 more specialized Statewide response teams, including, but not <--
5 limited to, disaster medical assistance teams and disaster
6 mortuary response teams, to provide specialized personnel,
7 equipment and other support capabilities in response to a
8 terrorist incident or other disaster emergency in Pennsylvania.
9 MORE SPECIALIZED STATEWIDE RESPONSE TEAMS. These teams may SHALL <--
10 also provide professional, logistical, material and other forms
11 of support to the regional counterterrorism task forces and
12 specialized regional counterterrorism response teams organized
13 in this Commonwealth.
14 (b) Organization and responsibilities.--Specialized
15 Statewide response teams shall be organized in accordance with
16 guidelines, directives or agreements developed by the <--
17 Commonwealth in consultation with applicable Federal or State
18 agencies, other interested parties or sponsoring agencies. <--
19 (c) Activation.--Specialized Statewide response teams may
20 only be activated and deployed to the scene of a disaster by the
21 Governor or his designee OR AN OFFICIAL DESIGNATED BY THE <--
22 APPROPRIATE REGIONAL COUNTERTERRORISM TASK FORCE.
23 Section 206. Grant program.
24 (a) Authorization.--The agency shall have the authority to <--
25 make grants to regional counterterrorism task forces who enter
26 into mutual aid agreements or letters of agreement with a
27 county, municipality, volunteer service organization, public,
28 semipublic, private or nonprofit corporation, business,
29 association, partnership, authority, individual or other entity.
30 (b) Limitation.--Grants shall only be made to the extent
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1 that funding is available.
2 Section 207. Immunity from civil liability.
3 No member of a specialized regional counterterrorism response
4 team, an urban search and rescue task force or a specialized
5 Statewide response team and no individual who provides
6 logistical, material or other forms of emergency response
7 support to such a team or task force during activation or
8 deployment of a team or task force to a potential or actual
9 manmade or natural disaster or while engaged in a task force or
10 team drill or training exercise shall be liable for the death of
11 or any injury to persons or loss or damage to property except
12 for any acts or omissions which constitute willful misconduct.
13 (A) AUTHORIZATION.--THE AGENCY SHALL HAVE THE AUTHORITY TO <--
14 MAKE GRANTS TO REGIONAL COUNTERTERRORISM TASK FORCES,
15 SPECIALIZED REGIONAL COUNTERTERRORISM RESPONSE TEAMS,
16 SPECIALIZED STATEWIDE RESPONSE TEAMS AND URBAN SEARCH AND RESCUE
17 TASK FORCES TO ASSIST THEM IN CARRYING OUT THE PROVISIONS OF
18 THIS ACT, INCLUDING, BUT NOT LIMITED TO, ENTERING INTO LETTERS
19 OF AGREEMENT OR MUTUAL AID AGREEMENTS OR PROVIDING MUTUAL AID.
20 (B) GRANTS AND FUNDING.--REGIONAL COUNTERTERRORISM TASK
21 FORCES, SPECIALIZED REGIONAL COUNTERTERRORISM RESPONSE TEAMS,
22 SPECIALIZED STATEWIDE RESPONSE TEAMS AND URBAN SEARCH AND RESCUE
23 TASK FORCES MAY RECEIVE GRANTS AND FUNDING FROM THE FEDERAL
24 GOVERNMENT AND THE COMMONWEALTH THROUGH APPLICATION TO THE
25 AGENCY OR ANOTHER ENTITY PROVIDING GRANTS OR FUNDING FOR THE
26 PURPOSES OF THIS ACT.
27 (C) LIMITATION.--GRANTS SHALL ONLY BE MADE BY THE AGENCY TO
28 THE EXTENT THAT FUNDING IS AVAILABLE.
29 SECTION 207. MISCELLANEOUS PROVISIONS.
30 (A) IMMUNITY FROM LIABILITY.--MEMBERS OF A SPECIALIZED
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1 REGIONAL COUNTERTERRORISM RESPONSE TEAM, AN URBAN SEARCH AND
2 RESCUE TASK FORCE OR A SPECIALIZED STATEWIDE RESPONSE TEAM AND
3 INDIVIDUALS WHO PROVIDE LOGISTICAL, MATERIAL OR OTHER FORMS OF
4 EMERGENCY RESPONSE SUPPORT TO SUCH A TEAM OR TASK FORCE DURING
5 ACTIVATION OR DEPLOYMENT OF A TEAM OR TASK FORCE TO A POTENTIAL
6 OR ACTUAL MANMADE OR NATURAL DISASTER OR WHILE ENGAGED IN A TASK
7 FORCE OR TEAM DRILL OR TRAINING EXERCISE SHALL BE IMMUNE FROM
8 LIABILITY PURSUANT TO THE PROVISIONS OF 42 PA.C.S. § 8331
9 (RELATING TO MEDICAL GOOD SAMARITAN CIVIL IMMUNITY), 8332
10 (RELATING TO NONMEDICAL GOOD SAMARITAN CIVIL IMMUNITY) OR 8332.4
11 (RELATING TO VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE STANDARD).
12 (B) EFFECT ON WORKERS' COMPENSATION PREMIUMS.--NOTHING IN
13 THIS ACT SHALL BE CONSTRUED TO PERMIT AN INSURER TO RAISE
14 WORKERS' COMPENSATION PREMIUMS DUE TO THE PARTICIPATION OR
15 MEMBERSHIP OF A COUNTY, MUNICIPALITY, VOLUNTEER SERVICE
16 ORGANIZATION, INDIVIDUAL OR EMPLOYER ON A REGIONAL
17 COUNTERTERRORISM TASK FORCE, SPECIALIZED REGIONAL
18 COUNTERTERRORISM RESPONSE TEAM, SPECIALIZED STATEWIDE RESPONSE
19 TEAM OR URBAN SEARCH AND RESCUE TASK FORCE.
20 CHAPTER 3
21 PUBLIC HEALTH EMERGENCY MEASURES
22 Section 301. Temporary isolation and quarantine without notice.
23 (a) Temporary isolation or quarantine.--The IN THE CASE OF <--
24 AN ACTUAL OR SUSPECTED OUTBREAK OF A CONTAGIOUS DISEASE OR
25 EPIDEMIC DUE TO AN ACTUAL OR SUSPECTED BIOTERRORIST OR
26 BIOHAZARDOUS EVENT, THE Governor, in consultation with the
27 Secretary of Health, may temporarily isolate or quarantine an
28 individual or groups of individuals through a written order if
29 delay in imposing the isolation or quarantine THROUGH JUDICIAL <--
30 PROCEEDINGS CURRENTLY AVAILABLE TO THE DEPARTMENT AND LOCAL
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1 HEALTH DEPARTMENTS would significantly jeopardize the
2 department's ability to prevent or limit the transmission of a
3 contagious or possibly POTENTIALLY contagious disease to others. <--
4 This subsection shall not require a declaration of disaster
5 emergency by the Governor in order to be effective. Nothing in <--
6 this section shall be construed to limit the existing authority
7 of the Secretary of Health or the department.
8 (b) Continued isolation or quarantine.--Within ten days
9 after issuing the written order, the department shall file a
10 petition for a court order authorizing the continued isolation
11 or quarantine of the isolated or quarantined individual or
12 groups of individuals.
13 (c) Extension of time.--In any proceeding brought for relief
14 under this subsection, in extraordinary circumstances and for
15 good cause shown the department may move the court to extend the
16 time for a hearing, which extension the court in its discretion
17 may grant giving due regard to the rights of the afflicted
18 individuals, the protection of the public health, the severity
19 of the emergency and the availability of necessary witnesses and
20 evidence.
21 Section 302. Appointment of health personnel.
22 The Secretary of Health may require in-State health care
23 providers to assist in the performance of vaccination,
24 treatment, examination or testing of any individual during the
25 existence of a public health emergency. Such requirements shall
26 be a condition of licensure and certification.
27 Section 303. Private liability.
28 (a) Liability.--During a state of public health emergency,
29 any private person, firm or corporation and employees and agents
30 of such person, firm or corporation who renders assistance or
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1 advice at the request of the State or its political subdivisions
2 shall not be civilly liable for causing the death of or injury
3 to any person or damage to any property except in the event of
4 willful misconduct.
5 (b) Immunity.--The immunities provided in this section shall
6 not apply to any private person, firm or corporation or
7 employees and agents of such person, firm or corporation whose
8 act or omission caused in whole or in part the public health
9 emergency and who would otherwise be liable therefor.
10 CHAPTER 4
11 MISCELLANEOUS PROVISIONS
12 Section 401. Donations management.
13 (a) Commonwealth donations.--The agency shall be responsible
14 for the management of donations and other forms of private
15 assistance in this Commonwealth. The agency shall:
16 (1) Prepare a comprehensive donations management annex
17 to the Commonwealth Emergency Operations Plan in consultation
18 with other State agencies.
19 (2) Act as the lead State agency for coordinating the
20 receipt and distribution of any donations of services,
21 equipment, supplies or materials from individuals or other
22 parties.
23 (3) Develop and maintain at the State emergency
24 operations center and the Governor's Hot Line a list of
25 nonprofit volunteer agencies willing to receive monetary or
26 other types of donations for a current or previous disaster
27 or emergency.
28 (4) Direct all State agencies to provide necessary
29 support to the agency in order to ensure the success of a
30 donations management program. This includes designating a
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1 State agency or office to provide financial management,
2 fiscal oversight and auditing services concerning the
3 collection and distribution of monetary donations to State
4 agencies or other parties.
5 (b) Local donations.--Counties and municipalities may
6 receive donations of money, services, equipment, supplies or
7 materials on behalf of their citizens after the occurrence of a
8 disaster or emergency. A county or municipality receiving
9 donations shall:
10 (1) Develop a donations management plan to deal with the
11 receipt of such donations.
12 (2) Designate a county or municipal agency or individual
13 to coordinate the donations management process.
14 Section 402. Severability.
15 The provisions of this act are severable. If any provision of
16 this act or its application to any person or circumstance is
17 held invalid, the invalidity shall not affect other provisions
18 or applications of this act that can be given effect without the
19 invalid provision or application.
20 (B) JUDICIAL REVIEW.-- <--
21 (1) AFTER ISSUING THE WRITTEN ORDER, THE DEPARTMENT
22 SHALL PROMPTLY FILE A PETITION WITH THE COURT WITHIN 24 HOURS
23 OR THE NEXT COURT BUSINESS DAY AFTER THE ISSUANCE OF THE
24 ORDER FOR A HEARING TO AUTHORIZE THE CONTINUED ISOLATION OR
25 QUARANTINE.
26 (2) THE COURT SHALL HOLD A HEARING ON THE PETITION NOT
27 MORE THAN 72 HOURS AFTER THE FILING OF THE PETITION TO
28 DETERMINE WHETHER CONTINUED ISOLATION OR QUARANTINE IS
29 WARRANTED.
30 (3) REASONABLE NOTICE, EITHER ORAL OR WRITTEN, STATING
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1 THE TIME, PLACE AND PURPOSE OF THE HEARING SHALL BE GIVEN TO
2 THE ISOLATED OR QUARANTINED INDIVIDUAL. THE COURT MAY
3 DETERMINE THE MANNER IN WHICH THE HEARING SHALL OCCUR,
4 INCLUDING THROUGH THE USE OF CLOSED-CIRCUIT TELEVISION.
5 (4) AN ISOLATED OR QUARANTINED INDIVIDUAL IS ENTITLED TO
6 REPRESENTATION BY LEGAL COUNSEL AT ALL STAGES OF ANY
7 PROCEEDINGS UNDER THIS SECTION AND IF THE INDIVIDUAL IS
8 WITHOUT FINANCIAL RESOURCES OR OTHERWISE UNABLE TO EMPLOY
9 COUNSEL, THE COURT SHALL PROVIDE COUNSEL FOR HIM.
10 (5) IF THE COURT DETERMINES CONTINUED ISOLATION OR
11 QUARANTINE IS WARRANTED, THE COURT SHALL SO ORDER THE
12 CONTINUED ISOLATION OR QUARANTINE AND SHALL FIX THE TIME AND
13 DURATION OF THE ISOLATION OR QUARANTINE, WHICH IN NO CASE
14 SHALL EXCEED 30 DAYS EXCEPT AS SET FORTH IN PARAGRAPH (6).
15 (6) WHERE AN INDIVIDUAL HAS BEEN ISOLATED OR QUARANTINED
16 FOR A PERIOD OF 30 DAYS, THE DEPARTMENT SHALL ASK THE COURT
17 TO REVIEW THE ORDER TO DETERMINE IF FURTHER ISOLATION OR
18 QUARANTINE IS WARRANTED.
19 (7) THE DEPARTMENT SHALL PROVIDE THE COURT WITH ONGOING
20 REPORTS ON THE ISOLATED OR QUARANTINED INDIVIDUAL DURING THE
21 PERIOD OF ISOLATION OR QUARANTINE.
22 (C) RELATION TO OTHER LAWS.--NOTHING IN THIS SECTION SHALL
23 BE CONSTRUED TO LIMIT THE EXISTING AUTHORITY OF THE SECRETARY OF
24 HEALTH OR THE DEPARTMENT, OR A COUNTY OR MUNICIPAL HEALTH
25 DEPARTMENT.
26 SECTION 302. IMMUNITY FROM LIABILITY.
27 A PERSON WHO PROVIDES ASSISTANCE IN CARRYING OUT THE
28 PROVISIONS OF THIS CHAPTER SHALL BE IMMUNE FROM LIABILITY
29 PURSUANT TO THE PROVISIONS OF 42 PA.C.S. § 8331 (RELATING TO
30 MEDICAL GOOD SAMARITAN CIVIL IMMUNITY), 8332 (RELATING TO
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1 NONMEDICAL GOOD SAMARITAN CIVIL IMMUNITY) OR 8332.4 (RELATING TO
2 VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE STANDARD).
3 Section 403 303. Effective date. <--
4 This act shall take effect in 30 days.
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