S T A T E   O F   N E W   Y O R K
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                                  4310

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  CANESTRARI -- Multi-Sponsored by -- M. of A.
  CALHOUN, JOHN, MAGEE, McENENY, MILLER -- read once and referred to the
  Committee on Local Governments

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 OR FIRE COMPANY, EXCEPT IN  CITIES  OF  ONE  MILLION  OR
MORE,  WHO  HAVE  AUTHORIZED  SUCH  FIRE  DEPARTMENT  OR FIRE 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 CHARGES 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 COMPTROLLER SHALL COMPILE THE
INFORMATION RECEIVED. FOR ANY SUCH MUNICIPALITY, RECORDS SHALL BE  MAIN-
TAINED 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 COMP-
TROLLER MUST 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 REGULATIONS FOR THE COLLECTION THER-
EOF.  The acceptance by any fireman  of  any  personal  remuneration  or
gratuity, directly or indirectly, from a person served shall be a ground

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02600-01-9
              

A. 4310                             2

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.