Bill Text: PA HB1097 | 2009-2010 | Regular Session | Introduced


Bill Title: Relating to the reimbursement of municipalities for cleanup costs incurred as a result of certain events; providing for liability insurance coverage; and providing for penalties.

Spectrum: Slight Partisan Bill (Republican 21-11)

Status: (Introduced - Dead) 2009-03-25 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB1097 Detail]

Download: Pennsylvania-2009-HB1097-Introduced.html

  

 

    

PRINTER'S NO.  1294

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1097

Session of

2009

  

  

INTRODUCED BY BOYD, BARRAR, BEYER, BRENNAN, CALTAGIRONE, CONKLIN, CREIGHTON, CUTLER, DeLUCA, GEIST, GIBBONS, GILLESPIE, GINGRICH, GROVE, GRUCELA, HENNESSEY, HICKERNELL, HUTCHINSON, KILLION, KORTZ, MILLER, O'NEILL, PALLONE, PHILLIPS, PYLE, QUINN, READSHAW, K. SMITH, SOLOBAY, STEVENSON AND TRUE, MARCH 25, 2009

  

  

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 25, 2009  

  

  

  

AN ACT

  

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Relating to the reimbursement of municipalities for cleanup

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costs incurred as a result of certain events; providing for

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liability insurance coverage; and providing for penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Municipal

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Government Emergency Services Reimbursement Act.

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Section 2.  Legislative findings and declaration.

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The General Assembly finds and declares as follows:

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(1)  Municipal and volunteer emergency services

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organizations are experiencing ever-increasing financial

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burdens.

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(2)  The increasing financial burdens and costs are

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having an adverse and seriously negative impact upon

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maintaining and providing adequate emergency services

 


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response capabilities for communities across this

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Commonwealth.

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(3)  Municipal and volunteer emergency services

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organizations can no longer realistically afford or be

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expected to exist and provide services at a financial loss.

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(4)  It is vital to establish for our municipal and

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volunteer emergency services providers a mechanism and

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process whereby they can be reimbursed financially for real

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and reasonable expenses related to responding to emergency

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situations, incidents or events.

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(5)  Such a process and mechanism should be self-

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supporting.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Emergency situation, incident or event."  An automobile

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accident that necessitates fire suppression, rescue services or

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emergency site cleanup services by a municipal or volunteer

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emergency services organization.

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"Municipal emergency services organization."  A fire company,

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rescue squad or hazardous material response team that is funded

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and operated by a municipality.

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"Officially recognized dispatch."  Either of the following:

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(1)  The dispatch of a municipal or volunteer emergency

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services organization by an officially recognized and

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approved emergency communication center or response to a

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special call or request from the Pennsylvania State Police or

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local police, regardless of whether the call or request comes

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through an emergency communications center where the

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emergency communication center approves the response and

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assigns a dispatch number to the municipal or volunteer

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emergency services organization and then contacts the

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municipal or volunteer emergency services department,

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organization or person making the request to confirm the

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request.

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(2)  The response of a municipal or volunteer emergency

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services organization to a call or request from the

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Pennsylvania State Police or local police that has not come

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through an officially recognized and approved emergency

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communication center prior to the special call or request.

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"Person."  The term includes a corporation, partnership,

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business trust, other association, governmental entity other

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than the Commonwealth, estate, trust, foundation or natural

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person.

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"Volunteer emergency services organization."  A volunteer

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fire company, volunteer rescue squad or volunteer hazardous

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material response team.

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Section 4.  Requirement to pay for response to emergencies.

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A person involved in an emergency situation, incident or

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event that necessitates a response from a municipal or volunteer

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emergency services organization shall be liable for the real and

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reasonable response costs incurred in the response unless the

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person:

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(1)  has paid to the municipality wherein the municipal

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or volunteer emergency services organization is located a tax

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that funds at least in part the municipal or volunteer

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emergency services; or

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(2)  has made a monetary contribution, as defined by the

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municipality, to an annual fund drive of the municipal or

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volunteer emergency organization recognized by the resident's

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municipality within the preceding 12 months from the date of

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the emergency situation, incident or event that necessitates

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a response from the municipal or volunteer emergency services

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organization.

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Section 5.  Establishment of reimbursement procedures.

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(a)  Billing.--A municipal government may bill for real and

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reasonable reimbursement for costs related to an officially

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recognized dispatch to an emergency situation, incident or event

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to which a municipal or volunteer emergency services

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organization responded within the municipal government's

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borders.

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(b)  Reimbursement.--

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(1)  When a person receives a bill for reimbursement from

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a municipal government, the person shall be responsible for

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payment.

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(2)  If the person forwards the bill for reimbursement to

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an insurance company, the person shall notify the municipal

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government from which the bill for reimbursement was

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received.

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(3)  Forwarding the bill for reimbursement to an

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insurance company does not relieve the person from financial

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responsibility for payment.

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(c)  Legal process.--

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(1)  If negotiations to recover response costs do not

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resolve the dispute to the satisfaction of the parties

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involved, the municipality may recover its response costs in

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an action at law or in equity brought before a court of

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competent jurisdiction.

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(2)  If more than one municipality incurs response costs

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for the same emergency situation, incident or event, the

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municipality involved may file a joint action at law or in

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equity and may designate one such organization to represent

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the others in the action.

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(d)  Use of funds.--

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(1)  A municipal government may retain no more than 2% of

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the funds collected from each person's bill for

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administrative costs. The remainder of this collected bill

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amount shall be remitted to the volunteer emergency services

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organization which rendered the emergency response.

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(2)  If the emergency response was performed by a

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municipal emergency services organization, funds collected

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may be remitted to the municipality's general operating fund

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or a designated emergency services fund.

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Section 6.  Liability insurance coverage.

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A liability insurer that insures any motor vehicle of the

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type required to be registered under 75 Pa.C.S. (relating to

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vehicles) shall make available for purchase insurance coverage

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with benefits up to the maximum of $1,000 for real and

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reasonable expenses related to an emergency situation, incident

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or event.

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Section 7.  Rules and regulations.

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The Office of State Fire Commissioner, in consultation with

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the Fire Safety Advisory Committee established under the act of

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November 13, 1995 (P.L.604, No.61), known as the State Fire

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Commissioner Act, shall promulgate rules and regulations

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pertaining to the real and reasonable expenses related to

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emergency situations, incidents or events that are eligible for

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reimbursement by municipal and volunteer emergency services

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organizations.

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Section 8.  Penalties.

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A municipal government that files a false request for

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reimbursement commits a summary offense and shall, upon

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conviction, be sentenced to pay a fine of not more than $100 for

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each false request.

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Section 9.  Effective date.

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This act shall take effect in 180 days.

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