S T A T E   O F   N E W   Y O R K
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                                  7886

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT  to  amend the general municipal law, in relation to authorizing
  fees and charges for emergency medical services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 4 of section 209-b of the general municipal
law, as amended by chapter 718 of the laws of 1958, is amended  and  two
new subdivisions 6 and 7 are added to read as follows:
  4.  Fees  and  charges [prohibited] AUTHORIZED.  Emergency and general
ambulance  service,  INCLUDING  EMERGENCY  MEDICAL  SERVICE,  authorized
pursuant  to  this  section [shall] MAY be furnished without cost to the
person served; PROVIDED, HOWEVER, THE AUTHORITIES HAVING  CONTROL  OF  A
FIRE DEPARTMENT, FIRE COMPANY, OR AMBULANCE COMPANY, EXCEPT IN CITIES OF
ONE  MILLION  OR  MORE,  WHO  HAVE AUTHORIZED SUCH FIRE DEPARTMENT, FIRE
COMPANY, OR AMBULANCE COMPANY TO PROVIDE SUCH SERVICE  OR  SERVICES  MAY
ESTABLISH  FEES AND CHARGES FOR SERVICES RENDERED.  SHOULD THE GOVERNING
BOARD OF A MUNICIPALITY ELECT TO ESTABLISH A SCHEDULE OF FEES AND CHARG-
ES FOR SERVICES RENDERED, AN ANNUAL REPORT SUMMARIZING BILLINGS MADE AND
REVENUES RECEIVED SHALL BE MADE TO THE STATE COMPTROLLER  IN  ACCORDANCE
WITH  THE  PROVISIONS OF SECTION THIRTY OF THIS CHAPTER. THE STATE COMP-
TROLLER SHALL COMPILE THE INFORMATION RECEIVED.  FOR  ANY  SUCH  MUNICI-
PALITY,  RECORDS  SHALL  BE MAINTAINED OF:  (A) THE SCHEDULE OF FEES AND
CHARGES ADOPTED; (B) THE NUMBER OF CALLS  WHICH  CAUSED  A  BILL  TO  BE
GENERATED;  (C) THE AMOUNT CHARGED FOR SUCH CALLS; AND (D) THE AMOUNT OF
REVENUES RECEIVED.  THE STATE COMPTROLLER SHALL COMPILE AND MAINTAIN  ON
AN  ANNUAL BASIS, A LIST OF THE INFORMATION RECEIVED, AND MAKE SUCH LIST
PUBLICLY AVAILABLE.   SUCH AUTHORITIES MAY  FORMULATE  RULES  AND  REGU-
LATIONS  FOR  THE  COLLECTION THEREOF.   The acceptance by any [fireman]
FIREFIGHTER of any personal remuneration or gratuity, directly or  indi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11614-01-1

              

A. 7886                             2

rectly,  from  a  person served shall be a ground for [his] expulsion or
suspension as a member of the fire department or fire company.
  6.  THE TERM "EMERGENCY MEDICAL SERVICE" AS USED IN THIS SECTION MEANS
INITIAL EMERGENCY MEDICAL ASSISTANCE INCLUDING, BUT NOT LIMITED TO,  THE
TREATMENT  OF  TRAUMA,  BURNS,  RESPIRATORY, CIRCULATORY AND OBSTETRICAL
EMERGENCIES.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY
PERSON WHO IS BY TRAINING OR  EXPERIENCE  AND  ATTAINMENT  QUALIFIED  TO
PARTICIPATE AS A MEMBER OF AN EMERGENCY RESCUE OR FIRST AID SQUAD RECOG-
NIZED  UNDER THIS SECTION AND WHO VOLUNTARILY AND WITHOUT EXPECTATION OF
MONETARY COMPENSATION SERVES AS A MEMBER OF  SUCH  SQUAD  SHALL  NOT  BE
SUBJECT  TO  A  PENALTY  OR  TO  CIVIL LIABILITY FOR DAMAGES OR INJURIES
ALLEGED TO HAVE BEEN SUSTAINED BY ANY PERSON OR ENTITY BY REASON  OF  AN
ACT  OR  OMISSION IN THE COURSE OF SUCH SERVICE. NOTHING IN THIS SECTION
SHALL BE DEEMED OR CONSTRUED TO RELIEVE FROM LIABILITY  FOR  DAMAGES  OR
INJURIES  ANY  PERSON  WHO (A) IS ALLEGED TO HAVE CAUSED SUCH DAMAGES OR
INJURIES AS THE RESULT OF  GROSS  NEGLIGENCE  OR  RECKLESS,  WANTON,  OR
INTENTIONAL  CONDUCT,  (B) IS UNDER A LEGAL DUTY TO RESPOND TO A PARTIC-
ULAR INCIDENT, OR (C) RECEIVES COMPENSATION OTHER THAN REIMBURSEMENT FOR
OUT-OF-POCKET EXPENSES FOR SERVICES IN RESPONSE TO  A  PARTICULAR  INCI-
DENT. COMPENSATION SHALL NOT INCLUDE THE PAYMENT OF WAGES TO A VOLUNTEER
WHOSE  REGULAR  PLACE OF EMPLOYMENT IS ALLOWING THE USE OF ACCRUED LEAVE
CREDITS, OR OTHERWISE CHOOSES TO PAY SUCH VOLUNTEER'S SALARY  OR  WAGES,
FOR THE WORK TIME LOST BY RESPONDING TO THE INCIDENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.