S T A T E O F N E W Y O R K
________________________________________________________________________
4310
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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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.