Rep. Michael K. Smith
Filed: 4/8/2005
 
 

 




 

 		












09400HB3687ham001

LRB094 06069 RXD 44553 a






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AMENDMENT TO HOUSE BILL 3687 




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    AMENDMENT NO. ______. Amend House Bill 3687  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Technical Rescue Team Response Reimbursement Act.
 
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    Section 5. Intent. The General Assembly finds that the cost 
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to fire departments and fire protection districts for training, 
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equipping, and using  technical rescue teams is high and beyond 
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a basic level of service. 
 
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    Section 10. Definitions. In this Act:
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    "Emergency action" means any action taken at or near the 
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scene of an emergency incident to prevent or minimize harm to 
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human health, to property, or to the environment.
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    "Emergency response agency" means a fire department or 
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volunteer fire protection organization that provides 
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firefighting services, emergency rescue services, or emergency 
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medical services.
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    "Person" means an individual, a corporation, a 
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partnership, an unincorporated association, or any unit of 
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federal, State, or local government.
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    "Responsible party" means any person who is responsible for 
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causing the need for technical rescue team services from an 
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emergency response agency.
 


 






09400HB3687ham001
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LRB094 06069 RXD 44553 a




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    "Technical rescue team" means any State or Mutual Aid Box 
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Alarm System (MABAS) technical rescue team providing 
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specialized rescue services. 
 
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    Section 15. Reimbursement to agencies. It shall be the duty 
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of the responsible party to reimburse, within 90 days after the 
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receipt of a bill for the Tactical Rescue emergency incident, 
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the emergency response agencies responding to a Tactical Rescue 
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incident, and any private contractor responding to a Tactical 
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Rescue incident at the request of an emergency response agency, 
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the costs incurred in the course of providing emergency action. 
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All responsible parties shall be jointly and severally liable 
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for the costs incurred in using technical response teams to 
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provide emergency action.
 
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    Section 20. Violation. 
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    (a) Reimbursement directly to an emergency response agency 
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does not constitute an admission of responsibility relative to 
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this Act or to any other State or federal laws, rules, or 
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regulations.
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    (b) If no party to the incident provides reimbursement to 
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the emergency response agency, the Attorney General may, at the 
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request of the State Fire Marshal, institute a civil action to 
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recover costs.".