From: Subject: SENATE BILL 1225 P.N. 1738 Date: Mon, 28 Apr 2008 15:37:55 -0400 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C8A945.D3EBC260" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C8A945.D3EBC260 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2007&sessInd=0&billBody=S&billTyp=B&billnbr=1225&pn=1738 SENATE BILL 1225 P.N. 1738

        PRIOR =
PRINTER'S NO. 1674                      PRINTER'S NO. 1738

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.=20 1225 Session of 2007

        INTRODUCED BY PIPPY, BAKER, MELLOW, =
ORIE, McILHINNEY, COSTA,
           WOZNIAK, RAFFERTY, O'PAKE, ERICKSON, PILEGGI, FONTANA, WAUGH,
           STACK, FUMO, D. WHITE, RHOADES, BOSCOLA, KITCHEN, FERLO,
           A. WILLIAMS, VANCE, C. WILLIAMS, KASUNIC AND DINNIMAN,
           DECEMBER 27, 2007

        SENATOR BAKER, VETERANS AFFAIRS AND =
EMERGENCY PREPAREDNESS, AS
           AMENDED, FEBRUARY 5, 2008

                                     AN ACT

     1  =
Amending Title 35 (Health and Safety) of the Pennsylvania
     2     =
Consolidated Statutes, providing for mutual aid.

     3     The =
General Assembly of the Commonwealth of Pennsylvania
     4  hereby =
enacts as follows:
     5     =
Section 1.  Chapter 73 of Title 35 of the Pennsylvania
     6  =
Consolidated Statutes is amended by adding a subchapter to read:
     7         =
                   SUBCHAPTER C
     8         =
              INTRASTATE MUTUAL AID
     9  Sec.
    10  7331.  Purpose of subchapter.
    11  7332.  Definitions.
    12  7333.  Intrastate Mutual Aid Committee.
    13  7334.  System.
    14  7335.  Assistance.
    15  7336.  License, certificate and permit =
portability.
    16  7337.  Insurance.

     1 =
 7338.  Workers' =
compensation.
     2  7339.  Immunity.
     3  7340.  Effect on other agreements.
     4  =A7 7331.  Purpose of subchapter.
     5     =
The purpose of this subchapter is to create a =
system of
     6  intrastate mutual aid between participating =
political
     7  subdivisions within this Commonwealth, whereby =
each
     8  participating political subdivision recognizes that =
emergencies
     9  transcend the boundaries of a political subdivision and =
that
    10  intergovernmental coordination is essential for the =
protection
    11  of lives and property and for the best use of available =
public
    12  and private assets. The system shall provide for =
mutual
    13  assistance among the participating political =
subdivisions in the
    14  prevention of, response to and recovery from threats to =
public
    15  health and safety that are beyond the capability of an =
affected
    16  community to respond. The system shall provide for =
mutual
    17  cooperation among the participating subdivisions in =
conducting
    18  exercises, testing or other training activities.
    19  =A7 7332.  Definitions.
    20     =
The following words and phrases when used in this =
subchapter
    21  shall have the meanings given to them in this section =
unless the
    22  context clearly indicates otherwise:
    23     =
"Agency."  The Pennsylvania Emergency Management =
Agency.
    24     =
"Dedicated emergency response organization."  Any =
entity
    25  organized, chartered or incorporated in this =
Commonwealth or
    26  chartered by the Congress of the United States for the =
primary
    27  purpose of providing emergency services. The term shall =
include
    28  volunteer, career and combination organizations.
    29     =
"Emergency responder."  An individual in the =
public or
    30  private sector who has special skills, qualification, =
training,
    20070S1225B1738                  - 2 -     =

     1 =
 knowledge or experience, whether =
or not the person possesses a
     2  license, certificate, permit or other official =
recognition for
     3  the skills, qualification, training, knowledge or =
experience,
     4  that would benefit a participating political subdivision =
in
     5  responding to an authorized mutual aid request or =
participating
     6  in an authorized drill or exercise. The term shall =
include a law
     7  enforcement officer, a firefighter, an emergency =
medical
     8  services worker, a physician, nurse or other public =
health
     9  worker, an emergency management official, a public works =
worker,
    10  a building inspector, an architect, an engineer or other =
design
    11  professional or a person with specialized equipment =
operations
    12  skills or training or with any other skills needed to =
provide
    13  aid in a declared emergency.
    14     =
"Committee."  The Intrastate Mutual Aid =
Committee.
    15     =
"Incident."  Any event or condition which =
constitutes an
    16  actual or imminent threat to public health and safety, =
public or
    17  private property or the economic well-being of the =
community.
    18     =
"Incident commander."  The individual responsible =
for all
    19  incident-related activities, including the development =
of
    20  strategies and tactics and the ordering and releasing =
of
    21  resources as provided under the National Incident =
Management
    22  System.
    23     =
"Mutual aid."  Mutual assistance and sharing of =
resources
    24  among participating political subdivisions in the =
prevention of,
    25  response to and recovery from threats to public health =
and
    26  safety that are beyond the capability of an affected =
community
    27  to respond.
    28     =
"National Incident Management System."  The =
National Incident
    29  Management System established by the United States =
Department of
    30  Homeland Security.
    20070S1225B1738                  - 3 -     =

     1 =
    "Participating political =
subdivision."  A political
     2  subdivision that has not opted out of the intrastate =
mutual aid
     3  system.
     4     =
"Political subdivision."  Any county, city, =
borough,
     5  incorporated town or township. The term shall include =
any
     6  council of governments established among any of the =
above.
     7     =
"Requesting political subdivision."  A =
participating
     8  political subdivision that requests assistance under =
this
     9  subchapter.
    10     =
"Responding political subdivision."  A =
participating
    11  political subdivision that responds to a request for =
assistance
    12  under this subchapter.
    13     =
"System."  The intrastate mutual aid =
system.
    14  =A7 7333.  Intrastate Mutual Aid Committee.
    15     =
(a)  Establishment.--There is established the =
Intrastate
    16  Mutual Aid Committee.
    17     =
(b)  Membership.--The committee shall be comprised =
of the
    18  following members:
    19         =
(1)  The director of the agency or a designee, who =
shall
    20     =
serve as the chairman of the committee.
    21         =
(2)  THE STATE FIRE COMMISSIONER AND THE DIRECTOR =
OF THE   <--
    22     =
BUREAU OF EMERGENCY MEDICAL SERVICES OF THE =
DEPARTMENT OF
    23     =
HEALTH.
    24         =
(2)  Two (3)  THREE =
representatives each from the career   <--
    25     =
fire services, the volunteer fire services and the =
emergency
    26     =
medical services.
    27         =
(3) (4)  Three =
county emergency management agency          <--
    28     =
directors, one from each agency area, who shall =
be
    29     =
recommended by the respective agency area =
directors.
    30         =
(4) (5)  One =
representative each from the State Chiefs of  <--
    20070S1225B1738                  - 4 -     =

     1 =
    Police Association, the State =
Fraternal Order of Police and
     2     =
the Pennsylvania State Police.
     3         =
(5) (6)  One =
representative each from the Statewide        <--
     4     =
county and municipal government associations' =
representative
     5     =
elected officials.
     6         =
(6) (7)  Three =
representatives from county-based 911       <--
     7     =
programs.
     8     =
(c)  Appointments.--Each member under subsection =
(b) shall be
     9  appointed by the director of the agency, and the =
appointment may
    10  be based on recommendations from the organizations =
and
    11  associations represented. The county-based 911 members =
shall be
    12  selected from recommendations made by the three agency =
area
    13  directors.
    14     =
(d)  Terms of office.--Members shall serve a term =
of two
    15  years, and may be appointed for subsequent terms.
    16     =
(e)  Duties of committee.--The committee shall do =
all of the
    17  following:
    18         =
(1)  Hold at least one meeting each year to review =
the
    19     =
progress and status of the intrastate mutual aid =
system.
    20         =
(2)  Provide participating political subdivisions =
with a
    21     =
method to track and evaluate the system.
    22         =
(3)  Examine issues facing participating =
political
    23     =
subdivisions AND EMERGENCY RESPONDERS regarding =
the            <--
    24     =
implementation of this subchapter.
    25         =
(4)  Prepare an annual report on the condition =
and
    26     =
effectiveness of mutual aid in this Commonwealth, =
which shall
    27     =
be submitted to the chairperson and minority =
chairperson of
    28     =
the Veterans Affairs and Emergency Preparedness =
Committee of
    29     =
the Senate and the chairperson and minority =
chairperson of
    30     =
the Veterans Affairs and Emergency Preparedness =
Committee of
    20070S1225B1738                  - 5 -     =

     1 =
    the House of Representatives. =
This report may contain
     2     =
recommendations for correcting any deficiencies =
within the
     3     =
system.
     4         =
(5)  Develop all of the following:
     5         =
    (i)  Comprehensive guidelines and procedures =
that
     6         =
address all of the following:
     7         =
        (A)  Projected or anticipated costs =
potentially
     8         =
    incurred by a participating political =
subdivision.
     9         =
        (B)  Recordkeeping for participating =
political
    10         =
    subdivisions.
    11         =
        (C)  Reimbursement procedures and other =
necessary
    12         =
    implementation elements.
    13         =
        (D)  Any other procedures that the =
committee
    14         =
    deems necessary.
    15         =
    (ii)  Checklists for requesting and =
providing
    16         =
assistance.
    17         =
    (iii)  Forms for requests and other records =
to
    18         =
document the deployment and return of =
assets.
    19  =A7 7334.  System.
    20     =
(a)  Establishment.--An intrastate mutual aid =
system is
    21  established for the purpose of providing mutual aid =
within this
    22  Commonwealth.
    23     =
(b)  Participation.--
    24         =
(1)  All political subdivisions within this =
Commonwealth
    25     =
shall be a part of the system unless the =
political
    26     =
subdivision elects not to participate by enacting =
a
    27     =
resolution declaring their desire not to =
participate and by
    28     =
submitting a copy of the resolution to the agency =
and to its
    29     =
county emergency management agency.
    30         =
(2)  ALL POLITICAL SUBDIVISIONS WITHIN THIS =
COMMONWEALTH   <--
    20070S1225B1738                  - 6 -     =

     1 =
    SHALL CONSULT WITH FIRE AND =
EMERGENCY MEDICAL SERVICES
     2     =
PROVIDERS TO DISCUSS THE EMERGENCY SERVICES NEEDS =
OF THE
     3     =
POLITICAL SUBDIVISION.
     4         =
(2) (3)  Any =
political subdivision that elects not to      <--
     5     =
participate in the system, as provided under =
subsection (a),
     6     =
may at a later date elect to participate in the =
system by
     7     =
enacting a resolution declaring its desire to =
participate and
     8     =
by submitting a copy of the resolution to the =
agency and to
     9     =
its county emergency management agency.
    10         =
(4)  PARTICIPATION BY A POLITICAL SUBDIVISION IN =
THE       <--
    11     =
SYSTEM OF INTRASTATE MUTUAL AID ESTABLISHED BY =
THIS
    12     =
SUBCHAPTER SHALL NOT BE SUBJECT TO THE =
REQUIREMENTS OF 53
    13     =
PA.C.S. CH. 23 SUBCH. A (RELATING TO =
INTERGOVERNMENTAL
    14     =
COOPERATION).
    15     =
(c)  Responsibilities.--It shall be the =
responsibility of
    16  each participating political subdivision with =
jurisdiction over
    17  and responsibility for emergency management within =
that
    18  political subdivision to do all of the following:
    19         =
(1)  Identify potential hazards that could affect =
the
    20     =
participating political subdivision using an =
identification
    21     =
system as developed by the committee common to =
all
    22     =
participating political subdivisions.
    23         =
(2)  Conduct joint planning, intelligence sharing =
and
    24     =
threat assessment development with contiguous =
participating
    25     =
political subdivisions.
    26         =
(3)  Conduct joint training with contiguous =
participating
    27     =
political subdivisions at least biennially.
    28         =
(4)  Identify and inventory the current =
services,
    29     =
equipment, supplies, personnel and other resources =
related to
    30     =
planning, prevention, mitigation, response and =
recovery
    20070S1225B1738                  - 7 -     =

     1 =
    activities of the =
participating political subdivisions in
     2     =
accordance with the National Incident Management =
System
     3     =
Integration Center resource management =
guidance.
     4         =
(5)  Adopt and implement the standardized =
incident
     5     =
management system approved by the agency.
     6         =
(6)  Adopt and implement the National Incident =
Management
     7     =
System requirements established by the United =
States
     8     =
Department of Homeland Security.
     9  =A7 7335.  Assistance.
    10     =
(a)  Requests.--A participating political =
subdivision may
    11  request assistance of other participating political =
subdivisions
    12  or their designated emergency response organizations. =
All
    13  requests for assistance shall be initiated from the =
incident
    14  commander or authorized designee at an incident =
location, the
    15  county 911 center or the county emergency manager where =
the
    16  incident occurs. All intrastate mutual aid requests =
for
    17  assistance shall be made to the county 911 center or =
county
    18  emergency management coordinator or authorized designee =
in the
    19  responding county. Intrastate mutual aid requests for =
assistance
    20  may also be made through the agency. A written request =
shall be
    21  submitted after a verbal request is made as soon as =
practicable
    22  or within the number of days that the agency, in its =
discretion,
    23  may determine.
    24     =
(b)  Response to requests.--A participating =
political
    25  subdivision's obligation to provide assistance in the =
prevention
    26  of, response to and recovery from an incident or in =
authorized
    27  drills or exercises shall be subject to all of the =
following
    28  conditions:
    29         =
(1)  A responding political subdivision may =
withhold
    30     =
resources to the extent necessary to provide =
reasonable
    20070S1225B1738                  - 8 -     =

     1 =
    protection and services for =
its own jurisdiction.
     2         =
(2)  Emergency response personnel of a =
responding
     3     =
political subdivision shall remain under the =
administrative
     4     =
and policy procedures and control of their =
respective
     5     =
jurisdiction, including medical protocols, =
standard operating
     6     =
procedures and other protocols, but shall be under =
the
     7     =
operational control of the appropriate officials =
within the
     8     =
incident management system of the requesting =
political
     9     =
subdivision.
    10         =
(3)  Assets and equipment of a responding =
political
    11     =
subdivision shall remain under the administrative =
and policy
    12     =
procedures and control of their respective =
jurisdiction but
    13     =
shall be under the control of the appropriate =
officials
    14     =
within the incident management system of the =
requesting
    15     =
political subdivision.
    16         =
(4)  The incident commander shall have overall =
authority
    17     =
and responsibility for conducting incident =
operations and
    18     =
shall be responsible for the management of all =
incident
    19     =
operations at the incident site.
    20     =
(c)  Reimbursement.--A requesting political =
subdivision shall
    21  reimburse the responding political subdivision in =
accordance
    22  with procedures established by the committee. A =
responding
    23  political subdivision may donate assets of any kind to =
a
    24  participating political subdivision. If a dispute =
arises
    25  regarding reimbursement, involved parties shall make =
every
    26  effort to resolve the dispute within 30 days of written =
notice
    27  of the dispute by the party asserting noncompliance. In =
the
    28  event that the dispute is not resolved within 90 days of =
the
    29  notice of the claim, either party may request the =
dispute be
    30  resolved through arbitration. Any arbitration requested =
under
    20070S1225B1738                  - 9 -     =

     1 =
 this subsection shall be =
conducted under the commercial
     2  arbitration rules of the American Arbitration =
Association.
     3     =
(d)  Exceptions.--The provisions of this section =
shall not
     4  apply to specific mutual aid agreements which exist on =
the
     5  effective date of this section and which were made =
between
     6  political subdivisions and emergency response =
organizations to
     7  cover response to routine incidents.
     8  =A7 7336.  License, certificate and permit =
portability.
     9     =
If a person holds a license, certificate or other =
permit
    10  issued by a participating political subdivision or =
the
    11  Commonwealth evidencing qualification in a =
professional,
    12  mechanical or other skill and the assistance of that =
person or
    13  entity is requested by a participating political =
subdivision,
    14  the person shall be deemed to be licensed, certified =
or
    15  permitted in the political subdivision requesting =
assistance for
    16  the duration of the incident response or authorized =
drills or
    17  exercises and subject to any limitations and conditions =
the
    18  chief executive of the participating political =
subdivision
    19  receiving the assistance may prescribe by executive =
order or
    20  otherwise.
    21  =A7 7337.  Insurance.
    22     =
A responding political subdivision shall ensure =
that adequate
    23  insurance protection is in effect covering all vehicles =
and
    24  equipment used in response to an intrastate mutual aid =
request.
    25  Personnel of the responding political subdivision shall =
maintain
    26  direct and overall control of all vehicles and =
equipment
    27  utilized in an intrastate mutual aid response and shall =
ensure
    28  that vehicles and equipment are used within intended =
design
    29  specifications.
    30  =A7 7338.  Workers' compensation.
    20070S1225B1738                 - 10 -     =

     1 =
    Notwithstanding any other =
provision of law, a responding
     2  political subdivision shall provide appropriate =
workers'
     3  compensation insurance protection for municipal =
employees and
     4  volunteers representing the responding political =
subdivision
     5  when responding to a request under this system. =
Personnel of a
     6  responding political subdivision who sustain injury or =
death in
     7  the course of and arising out of their employment shall =
be
     8  entitled to all applicable benefits normally available =
to
     9  personnel while performing their duties for their =
employer.
    10  Responders shall receive any additional Federal and =
State
    11  benefits that may be available to them for line-of-duty =
deaths.
    12  =A7 7339.  Immunity.
    13     =
All activities performed under the intrastate =
mutual aid
    14  system are deemed to be governmental functions. For the =
purposes
    15  of liability, all persons responding under the =
operational
    16  control of the requesting political subdivision shall be =
deemed
    17  to be employees of the requesting participating =
political
    18  subdivision. Except in cases of willful misconduct, =
gross
    19  negligence or bad faith, neither the participating =
political
    20  subdivisions nor their employees shall be liable for the =
death
    21  of or injury to persons or for damage to property when =
complying
    22  or attempting to comply with the system. This subchapter =
shall
    23  provide no immunity, rights or privileges for any =
individual
    24  responding to an incident where the response has not =
been
    25  requested by a participating political =
subdivision.
    26  =A7 7340.  Effect on other agreements.
    27     =
Nothing in this subchapter shall preclude =
participating
    28  political subdivisions from entering into =
supplementary
    29  agreements with another political subdivision. Nothing =
in this
    30  subchapter shall affect any other agreement to which a =
political
    20070S1225B1738                 - 11 -     =

     1 =
 subdivision may, on the =
effective date of this section, be a
     2  party.
     3     =
Section 2.  This act shall take effect immediately.


















    J17L35MSP/20070S1225B1738       - 12 -

------=_NextPart_000_0000_01C8A945.D3EBC260 Content-Type: application/octet-stream Content-Transfer-Encoding: quoted-printable Content-Location: http://www.legis.state.pa.us/scripts/bt.js // convert all characters to lowercase to simplify testing var agt=3Dnavigator.userAgent.toLowerCase(); // *** BROWSER VERSION *** // Note: On IE5, these return 4, so use is_ie5up to detect IE5. var is_major =3D parseInt(navigator.appVersion); var is_minor =3D parseFloat(navigator.appVersion); // Note: Opera and WebTV spoof Navigator. We do strict client = detection. // If you want to allow spoofing, take out the tests for opera and = webtv. var is_nav =3D ((agt.indexOf('mozilla')!=3D-1) && = (agt.indexOf('spoofer')=3D=3D-1) && (agt.indexOf('compatible') =3D=3D -1) && = (agt.indexOf('opera')=3D=3D-1) && (agt.indexOf('webtv')=3D=3D-1) && = (agt.indexOf('hotjava')=3D=3D-1)); var is_nav2 =3D (is_nav && (is_major =3D=3D 2)); var is_nav3 =3D (is_nav && (is_major =3D=3D 3)); var is_nav4 =3D (is_nav && (is_major =3D=3D 4)); var is_nav4up =3D (is_nav && (is_major >=3D 4)); var is_navonly =3D (is_nav && ((agt.indexOf(";nav") !=3D -1) || (agt.indexOf("; nav") !=3D -1)) ); var is_nav6 =3D (is_nav && (is_major =3D=3D 5)); var is_nav6up =3D (is_nav && (is_major >=3D 5)); var is_gecko =3D (agt.indexOf('gecko') !=3D -1); var is_ie =3D ((agt.indexOf("msie") !=3D -1) && = (agt.indexOf("opera") =3D=3D -1)); var is_ie3 =3D (is_ie && (is_major < 4)); var is_ie4 =3D (is_ie && (is_major =3D=3D 4) && = (agt.indexOf("msie 4")!=3D-1) ); var is_ie4up =3D (is_ie && (is_major >=3D 4)); var is_ie5 =3D (is_ie && (is_major =3D=3D 4) && = (agt.indexOf("msie 5.0")!=3D-1) ); var is_ie5_5 =3D (is_ie && (is_major =3D=3D 4) && = (agt.indexOf("msie 5.5") !=3D-1)); var is_ie5up =3D (is_ie && !is_ie3 && !is_ie4); var is_ie5_5up =3D(is_ie && !is_ie3 && !is_ie4 && !is_ie5); var is_ie6 =3D (is_ie && (is_major =3D=3D 4) && = (agt.indexOf("msie 6.")!=3D-1) ); var is_ie6up =3D (is_ie && !is_ie3 && !is_ie4 && !is_ie5 && = !is_ie5_5); // KNOWN BUG: On AOL4, returns false if IE3 is embedded browser // or if this is the first browser window opened. Thus the // variables is_aol, is_aol3, and is_aol4 aren't 100% reliable. var is_aol =3D (agt.indexOf("aol") !=3D -1); var is_aol3 =3D (is_aol && is_ie3); var is_aol4 =3D (is_aol && is_ie4); var is_aol5 =3D (agt.indexOf("aol 5") !=3D -1); var is_aol6 =3D (agt.indexOf("aol 6") !=3D -1); var is_opera =3D (agt.indexOf("opera") !=3D -1); var is_opera2 =3D (agt.indexOf("opera 2") !=3D -1 || = agt.indexOf("opera/2") !=3D -1); var is_opera3 =3D (agt.indexOf("opera 3") !=3D -1 || = agt.indexOf("opera/3") !=3D -1); var is_opera4 =3D (agt.indexOf("opera 4") !=3D -1 || = agt.indexOf("opera/4") !=3D -1); var is_opera5 =3D (agt.indexOf("opera 5") !=3D -1 || = agt.indexOf("opera/5") !=3D -1); var is_opera5up =3D (is_opera && !is_opera2 && !is_opera3 && = !is_opera4); var is_webtv =3D (agt.indexOf("webtv") !=3D -1);=20 var is_TVNavigator =3D ((agt.indexOf("navio") !=3D -1) || = (agt.indexOf("navio_aoltv") !=3D -1));=20 var is_AOLTV =3D is_TVNavigator; var is_hotjava =3D (agt.indexOf("hotjava") !=3D -1); var is_hotjava3 =3D (is_hotjava && (is_major =3D=3D 3)); var is_hotjava3up =3D (is_hotjava && (is_major >=3D 3)); =20 =20 var s_r =3D screen.width; var S_URL =3D "http\:\/\/www\.legis\.state\.pa\.us\/styles\/BT\/"; if (s_r =3D=3D 800){ if (is_ie5_5up) { document.write ("\"); } else if (is_gecko) { document.write ("\"); } else { document.write ("\"); } } else if (s_r =3D=3D 640) { if (is_ie5_5up) { document.write ("\"); } else if (is_gecko) { document.write ("\"); } else { document.write ("\"); } }=20 else if (s_r =3D=3D 1024) { if (is_ie5_5up) { document.write ("\"); } else if (is_gecko) { document.write ("\"); } else { document.write ("\"); } =09 } else if (s_r =3D=3D 1152) { if (is_ie5_5up) { document.write ("\"); } else if (is_gecko) { document.write ("\"); } else { document.write ("\"); } } else if (s_r =3D=3D 1280) { if (is_ie5_5up) { document.write ("\"); } else if (is_gecko) { document.write ("\"); } else { document.write ("\"); } } else { document.write ("\"); }=20 ------=_NextPart_000_0000_01C8A945.D3EBC260--