Regular Session 2023-2024 House Bill 0358 P.N. 1798

PRIOR PRINTER'S NO. 325

PRINTER'S NO. 1798

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

358

Session of

2023

INTRODUCED BY R. MACKENZIE, M. BROWN, CONKLIN, GILLEN, HAMM,

M. MACKENZIE, NEILSON, ROWE, SIEGEL, ZIMMERMAN, BARTON AND

TAKAC, MARCH 14, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 29, 2023

AN ACT

Providing for Keystone First Responder Award.

AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, PROVIDING FOR AWARDS TO FIRST

RESPONDERS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

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

First Responder Award Act.

Section 2. Award.

(a) Award.--The award shall consist of a plaque and a medal.

(b) Presentation.--The Governor or the Governor's designee

shall present a Keystone First Responder Award to each recipient

or surviving next of kin during a public ceremony held on, or as

near as practicable to, September 11 of each year.

administered by a committee, which shall consist of:

(1) The State Fire Commissioner.

<--

(2) The Director of the Pennsylvania Emergency

Management Agency.

(3) The Director of the Bureau of Emergency Medical

Services within the Department of Health.

(4) The Secretary of General Services.

(5) The Commissioner of Pennsylvania State Police.

(6) The President of the Pennsylvania Chiefs of Police

Association.

(d) Choice of recipients.--The Governor shall choose, in

consultation with the committee, the recipients of the Keystone

First Responder Award for each year.

Section 3. First responder recipient.

(a) Recipient.--A Keystone First Responder Award shall be

awarded to:

(1) a first responder who suffers a career-ending injury

in the line of duty;

(2) the surviving next of kin of a first responder who

is killed or sustains a fatal injury in the line of duty;

(3) a Federal first responder or special agent who

suffers a career-ending injury in the line of duty assisting

a State or local law enforcement agency in this Commonwealth;

(4) the surviving next of kin of a Federal first

responder or special agent who sustains a fatal injury while

assisting a State or local law enforcement agency in this

Commonwealth.

(b) Submission of information to committee.--Any individual

who has personal knowledge of a first responder who was killed

or suffered a career-ending injury in the line of duty, or a

Federal first responder or special agent who was killed or

20230HB0358PN1798 - 2 -

suffered a career-ending injury assisting a State or local law

enforcement agency in this Commonwealth, may submit that

information in writing to the committee.

rules and guidelines for its operations, for the execution of

this act and for the submission of information under subsection

(b).

(d) Eligibility.--In order for a first responder to be

eligible for the award under this act, a first responder must

have been killed or suffered a career-ending injury while

actively responding to an emergency. The committee shall

determine whether or not a submission under subsection (b) is

eligible for consideration.

(e) Construction.--Nothing in this act shall be construed to

have any bearing on:

(1) the act of June 2, 1915 (P.L.736, No.338), known as

the Workers' Compensation Act;

(2) the act of June 28, 1935 (P.L.477, No.193), referred

to as the Enforcement Officer Disability Benefits Law;

(3) the act of June 24, 1976 (P.L.424, No.101), referred

to as the Emergency and Law Enforcement Personnel Death

Benefits Act; or

(4) any other determination of benefits.

(f) Purpose of award.--The Keystone First Responder Award

shall only be for recognition purposes.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"First responder." Any of the following:

(1) A current or former member of an emergency medical

20230HB0358PN1798 - 3 -

services agency, fire company or rescue company.

(2) A peace officer.

(3) A 911 dispatcher.

(4) A coroner or medical examiner who responds in an

official capacity to an emergency.

(5) A corrections officer.

"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to

definitions).

Section 4. Effective date.

This act shall take effect in 60 days.

SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 79C

EMERGENCY RESPONDER DECORATIONS, MEDALS AND AWARDS

SUBCHAPTER

A. PRELIMINARY PROVISIONS (RESERVED)

B. KEYSTONE FIRST RESPONDER AWARD

SUBCHAPTER A

PRELIMINARY PROVISIONS

(RESERVED)

SUBCHAPTER B

KEYSTONE FIRST RESPONDER AWARD

SEC.

79C11. DEFINITIONS.

79C12. KEYSTONE FIRST RESPONDER AWARD.

79C13. RECIPIENTS.

§ 79C11. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

20230HB0358PN1798 - 4 -

<--

"AWARD." THE KEYSTONE FIRST RESPONDER AWARD AWARDED UNDER

THIS SUBCHAPTER.

" EMERGENCY MEDICAL SERVICES PROVIDER ." AS DEFINED IN SECTION

8103 (RELATING TO DEFINITIONS).

"FIRST RESPONDER." ANY OF THE FOLLOWING:

(1) AN EMERGENCY MEDICAL SERVICES PROVIDER, FIREFIGHTER

OR MEMBER OF A RESCUE COMPANY.

(2) A PEACE OFFICER.

(3) A 911 DISPATCHER.

(4) A CORONER OR MEDICAL EXAMINER WHO RESPONDS IN AN

OFFICIAL CAPACITY TO AN EMERGENCY.

(5) A CORRECTIONS OFFICER.

(6) A FEDERAL LAW ENFORCEMENT OFFICER.

(7) A COUNTY OR LOCAL EMERGENCY MANAGEMENT COORDINATOR.

"IN THE LINE OF DUTY." THE TERM INCLUDES THE TIME SPENT AT

THE SCENE OF AND TRAVEL TO AND FROM A BONA FIDE EMERGENCY OR, IN

THE CASE OF A 911 DISPATCHER, SUFFERING A FATAL HEART ATTACK OR

STROKE WHILE ON DUTY OR NOT LATER THAN 24 HOURS AFTER

PARTICIPATING IN ANY JOB REQUIRED TRAINING OR EXERCISE OR

PERFORMING DISPATCHING DUTIES IN RESPONSE TO A 911 EMERGENCY

CALL IS PRESUMED TO HAVE DIED AS A RESULT OF THE PERFORMANCE OF

HIS DUTIES FOR PURPOSES OF THIS ACT.

"PEACE OFFICER." AS DEFINED IN 18 PA.C.S. § 501 (RELATING TO

DEFINITIONS).

§ 79C12. KEYSTONE FIRST RESPONDER AWARD.

(A) COMPOSITION.--THE AWARD SHALL CONSIST OF A PLAQUE AND A

MEDAL.

(B) PRESENTATION.--THE GOVERNOR OR THE GOVERNOR'S DESIGNEE

SHALL PRESENT AN AWARD TO A FIRST RESPONDER APPROVED BY THE

COMMITTEE OR SURVIVING NEXT OF KIN DURING A PUBLIC CEREMONY HELD

20230HB0358PN1798 - 5 -

ON, OR AS NEAR AS PRACTICABLE TO, SEPTEMBER 27 OF EACH YEAR.

COMMITTEE IN ACCORDANCE WITH THE FOLLOWING:

(1) THE COMMITTEE SHALL CONSIST OF:

(I) THE STATE FIRE COMMISSIONER.

(II) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY

MANAGEMENT AGENCY.

(III) THE DIRECTOR OF THE BUREAU OF EMERGENCY

MEDICAL SERVICES WITHIN THE DEPARTMENT OF HEALTH.

(IV) THE SECRETARY OF GENERAL SERVICES.

(V) THE COMMISSIONER OF PENNSYLVANIA STATE POLICE.

(VI) THE PENNSYLVANIA STATE LODGE OF THE FRATERNAL

ORDER OF POLICE.

(VII) THE PRESIDENT OF THE PENNSYLVANIA CHIEFS OF

POLICE ASSOCIATION.

(VIII) THE DIRECTOR OF THE PENNSYLVANIA NATIONAL

EMERGENCY NUMBER ASSOCIATION.

(IX) THE DIRECTOR OF THE PENNSYLVANIA STATE CORONERS

ASSOCIATION.

(X) THE PRESIDENT OF THE PENNSYLVANIA STATE

CORRECTIONS OFFICERS ASSOCIATION.

(2) THE COMMITTEE SHALL CHOOSE A CHAIRPERSON FROM ITS

MEMBERS.

(3) THE COMMITTEE SHALL DEVELOP CRITERIA FOR THE AWARD

IN ACCORDANCE WITH THIS SUBCHAPTER. THE COMMITTEE SHALL

CONSIDER THE RECEIPT OF ANY BENEFITS FROM A FEDERAL OR STATE

PROGRAM AS EVIDENCE OF QUALIFICATION TO RECEIVE AN AWARD.

(D) CHOICE OF RECIPIENTS.--THE COMMITTEE SHALL PROVIDE A

LIST OF POTENTIAL RECIPIENTS, AND THE GOVERNOR SHALL CHOOSE THE

RECIPIENTS OF THE AWARD FOR EACH YEAR.

20230HB0358PN1798 - 6 -

§ 79C13. RECIPIENTS.

(A) RECIPIENT.--AN AWARD MAY BE AWARDED TO ANY OF THE

FOLLOWING:

(1) A FIRST RESPONDER WHO SUFFERS A CAREER-ENDING INJURY

IN THE LINE OF DUTY.

(2) THE SURVIVING NEXT OF KIN OF A FIRST RESPONDER WHO

IS KILLED OR SUSTAINS A FATAL INJURY IN THE LINE OF DUTY.

(3) A FEDERAL LAW ENFORCEMENT OFFICER WHO SUFFERS A

CAREER-ENDING INJURY IN THE LINE OF DUTY ASSISTING A STATE OR

LOCAL LAW ENFORCEMENT AGENCY IN THIS COMMONWEALTH.

(4) THE SURVIVING NEXT OF KIN OF A FEDERAL LAW

ENFORCEMENT OFFICER WHO SUSTAINS A FATAL INJURY WHILE

ASSISTING A STATE OR LOCAL LAW ENFORCEMENT AGENCY IN THIS

COMMONWEALTH.

(B) SUBMISSION OF INFORMATION TO COMMITTEE.--THE HEAD OR

EXECUTIVE OFFICER OF AN ENTITY OR AGENCY THAT A FIRST RESPONDER

WAS A MEMBER OR EMPLOYEE OF MAY SUBMIT TO THE COMMITTEE IN

WRITING THE NAME AND A DESCRIPTION OF AN INDIVIDUAL UNDER THE

FOLLOWING CATEGORIES:

(1) A FIRST RESPONDER WHO WAS KILLED OR SUFFERED A

CAREER-ENDING INJURY IN THE LINE OF DUTY.

(2) A FEDERAL LAW ENFORCEMENT OFFICER WHO WAS KILLED OR

SUFFERED A CAREER-ENDING INJURY ASSISTING A STATE OR LOCAL

LAW ENFORCEMENT AGENCY IN THIS COMMONWEALTH.

(1) THE COMMITTEE SHALL ESTABLISH RULES AND GUIDELINES

FOR ITS OPERATIONS, FOR THE EXECUTION OF THIS SUBCHAPTER AND

FOR THE SUBMISSION OF INFORMATION AND CRITERIA FOR

ELIGIBILITY UNDER SUBSECTION (B).

(2) THE COMMITTEE SHALL ISSUE A RULE FOR AWARDS ISSUED

20230HB0358PN1798 - 7 -

IN 2024 THAT PERMITS THE CONSIDERATION OF FIRST RESPONDERS OR

FEDERAL LAW ENFORCEMENT OFFICERS UNDER SUBSECTION (A) WHO

WERE INJURED OR KILLED IN THE LINE OF DUTY ON OR SUBSEQUENT

TO THREE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

(D) CONSTRUCTION.--

(1) NOTHING UNDER THIS SUBCHAPTER SHALL BE CONSTRUED TO

APPLY TO:

(I) THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN

AS THE WORKERS' COMPENSATION ACT.

(II) THE ACT OF JUNE 28, 1935 (P.L.477, NO.193),

REFERRED TO AS THE ENFORCEMENT OFFICER DISABILITY

BENEFITS LAW.

(III) THE ACT OF JUNE 24, 1976 (P.L.424, NO.101),

REFERRED TO AS THE EMERGENCY AND LAW ENFORCEMENT

PERSONNEL DEATH BENEFITS ACT.

(IV) ANY OTHER DETERMINATION OF BENEFITS.

(2) RECEIPT OF ANY BENEFIT FROM A STATUTE LISTED IN

PARAGRAPH (1) MAY BE USED BY THE COMMITTEE FOR THE PURPOSES

OF SECTION 79C12(C)(3) (RELATING TO KEYSTONE FIRST RESPONDER

AWARD).

(E) PURPOSE OF AWARD.--THE AWARD SHALL ONLY BE FOR

RECOGNITION PURPOSES.

(F) FIRST AWARDS.--AWARDS ISSUED UNDER THIS CHAPTER SHALL BE

ISSUED NO SOONER THAN JANUARY 1, 2024.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

20230HB0358PN1798 - 8 -