Full Text of HB3687 94th General Assembly
HB3687ham003 94TH GENERAL ASSEMBLY
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Rep. Michael K. Smith
Filed: 4/14/2005
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| AMENDMENT TO HOUSE BILL 3687
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| AMENDMENT NO. ______. Amend House Bill 3687, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Technical Rescue Team Response Reimbursement Act. | 7 |
| Section 5. Intent. The General Assembly finds that the cost | 8 |
| to fire departments and fire protection districts for training, | 9 |
| equipping, and using technical rescue teams is high and beyond | 10 |
| a basic level of service. | 11 |
| Section 10. Definitions. In this Act: | 12 |
| "Emergency action" means any action taken at or near the | 13 |
| scene of an emergency incident to prevent or minimize harm to | 14 |
| human health, to property, or to the environment. | 15 |
| "Emergency response agency" means a fire department or | 16 |
| volunteer fire protection organization that provides | 17 |
| firefighting services, emergency rescue services, or emergency | 18 |
| medical services. | 19 |
| "Person" means an individual, a corporation, a | 20 |
| partnership, an unincorporated association, or any unit of | 21 |
| federal, State, or local government. | 22 |
| "Responsible party" means any person who is responsible for | 23 |
| causing the need for technical rescue team services from an |
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| emergency response agency. | 2 |
| "Technical rescue team" means a career or volunteer mobile | 3 |
| support team that has been authorized by a unit of local | 4 |
| government to respond to building collapse, high angle rescue, | 5 |
| and other specialized rescue emergencies and that is primarily | 6 |
| designated for emergency response to technical rescue events. | 7 |
| Section 15. Reimbursement to agencies. It shall be the duty | 8 |
| of the responsible party to reimburse, within 90 days after the | 9 |
| receipt of a bill for the Tactical Rescue emergency incident, | 10 |
| the emergency response agencies responding to a Tactical Rescue | 11 |
| incident, and any private contractor responding to a Tactical | 12 |
| Rescue incident at the request of an emergency response agency, | 13 |
| the costs incurred in the course of providing emergency action. | 14 |
| All responsible parties shall be jointly and severally liable | 15 |
| for the costs incurred in using technical response teams to | 16 |
| provide emergency action. | 17 |
| Section 20. Violation. | 18 |
| (a) Reimbursement directly to an emergency response agency | 19 |
| does not constitute an admission of responsibility relative to | 20 |
| this Act or to any other State or federal laws, rules, or | 21 |
| regulations. | 22 |
| (b) If no party to the incident provides reimbursement to | 23 |
| the emergency response agency, the Attorney General may, at the | 24 |
| request of the State Fire Marshal, institute a civil action to | 25 |
| recover costs.".
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