PRINTER'S NO. 75
No. 81 Session of 2005
INTRODUCED BY HANNA, BEBKO-JONES, BELARDI, BUNT, CAPPELLI, CAUSER, CURRY, DeWEESE, FABRIZIO, GEORGE, GOODMAN, JAMES, KOTIK, MANN, McCALL, McNAUGHTON, MELIO, S. MILLER, PISTELLA, SAINATO, SHANER, SOLOBAY, STABACK, SURRA, WALKO, WASHINGTON, YOUNGBLOOD AND FREEMAN, JANUARY 25, 2005
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JANUARY 25, 2005
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
1 and approved Federal, State, county or municipal operation whose 2 purpose is to receive emergency calls; to determine the 3 appropriate agency, equipment and/or vehicles required to 4 respond to these calls; and then to dispatch the appropriate 5 agency, equipment and/or emergency vehicle or vehicles to the 6 location of the emergency situation, incident or event. 7 "Emergency services provider." A municipal, public, private 8 or nonprofit service whose purpose is to respond to emergency 9 situations, incidents and events and provide emergency or 10 nonemergency assistance and service to the public. The term 11 includes, but is not limited to, a hazardous materials response 12 unit, fire service, ambulance, heavy and light rescue squad 13 unit, quick response unit and other related vehicle used in the 14 normal operation of an emergency service, and a volunteer 15 emergency service. 16 "Emergency situation, incident or event." A disaster; 17 hazardous materials incident; fire; industrial or private 18 security or fire alarm systems; industrial accidents; auto 19 accidents; medical emergencies; nonemergency calls for medical 20 assistance; or any other situation, incident or event that does 21 or may present a potential danger and/or threat to the health 22 and safety of members of the public. 23 "False alarm." A willfully fraudulent and intentional 24 transmission or request for a response by a volunteer emergency 25 services organization where the person making the transmission 26 or request knows there is no need for the transmission or 27 request. A person transmitting or requesting a response by a 28 volunteer emergency services organization who perceives or feels 29 there could be or may be a need for the transmission or request 30 shall not be considered to have transmitted or requested a 20050H0081B0075 - 2 -
1 willfully fraudulent and intentional false alarm. 2 "Municipal emergency services department." A fire 3 department, ambulance service or rescue squad established, 4 operated and funded by the municipality. 5 "Officially recognized dispatch." The dispatch of a 6 volunteer emergency services organization by an officially 7 recognized and approved emergency communication center or 8 response to a special call or request from the Pennsylvania 9 State Police or local police whether it comes through an 10 emergency communication center or not. A volunteer emergency 11 services organization that responds to a special call or request 12 from the Pennsylvania State Police or local police that has not 13 come through an officially recognized and approved emergency 14 communication center must be approved by an officially 15 recognized emergency communication center prior to responding to 16 the special call or request. Upon notification by a volunteer 17 emergency services organization of a request for dispatch, the 18 emergency communication center shall approve the response and 19 assign a dispatch number to the volunteer emergency services 20 organization and then contact the municipal emergency services 21 department, organization or person making the request to confirm 22 the request. 23 "Person." Includes a corporation, partnership, business 24 trust, other association, governmental entity other than the 25 Commonwealth, estate, trust, foundation or natural person. 26 "State-owned land." Land that is owned or leased by or under 27 the control of a Commonwealth agency. 28 "Volunteer ambulance service." A nonprofit chartered 29 corporation, association or organization located in this 30 Commonwealth which is regularly engaged in the service of 20050H0081B0075 - 3 -
1 providing emergency medical care and transportation of patients. 2 "Volunteer emergency service organization." An organization 3 which is a volunteer fire company, volunteer ambulance service, 4 volunteer rescue squad or volunteer hazardous material response 5 team. 6 "Volunteer fire company." A nonprofit chartered 7 organization, association or organization located in this 8 Commonwealth which provides fire protection services, including 9 fire police services, and other volunteer emergency service 10 within this Commonwealth. Volunteer emergency service provided 11 by a volunteer fire company may include volunteer ambulance and 12 volunteer rescue service. 13 "Volunteer hazardous material response team." A nonprofit 14 chartered corporation, association or organization located in 15 this Commonwealth whose members are specially trained to respond 16 to accidents or situations where hazardous or toxic materials 17 are released into the environment. 18 "Volunteer rescue squad." A nonprofit chartered corporation, 19 association or organization located in this Commonwealth which 20 provides rescue service in this Commonwealth. 21 Section 3. Reimbursement for emergency services responses. 22 (a) General rule.--A Commonwealth agency shall pay to an 23 emergency services provider $225 for each time that the 24 Commonwealth agency requests emergency services on State-owned 25 land from the emergency services provider and the emergency 26 services provider responds to the request. 27 (b) Procedures.--Each Commonwealth agency shall develop 28 procedures by which the Commonwealth agency requests emergency 29 services on State-owned land from an emergency services provider 30 and makes payment to the emergency services provider as required 20050H0081B0075 - 4 -
1 by subsection (a). 2 (c) Payment.--A Commonwealth agency required to reimburse an 3 emergency services provider under this act shall make payment: 4 (1) to the volunteer emergency service organization that 5 responded; 6 (2) where a municipal emergency services department that 7 serves one municipality responded, to the municipality; or 8 (3) where a municipal emergency services department that 9 serves more than one municipality responded, directly to the 10 municipal emergency services department. 11 Section 4. Certain municipalities exempt. 12 This act shall not apply to an agreement for the provision of 13 emergency services entered into between a Commonwealth agency 14 and an emergency services provider on or before the effective 15 date of this act. 16 Section 5. Effective date. 17 This act shall take effect in 60 days. L17L35SFL/20050H0081B0075 - 5 -