S T A T E O F N E W Y O R K
________________________________________________________________________
1090
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. OAKS, FITZPATRICK, GIGLIO, HAWLEY, SCOZZAFAVA,
TEDISCO -- Multi-Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES,
BALL, BARCLAY, BARRA, BURLING, BUTLER, CALHOUN, CONTE, CROUCH, DUPREY,
ERRIGO, FINCH, HAYES, KOLB, P. LOPEZ, McDONOUGH, McKEVITT, MILLER,
MOLINARO, O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD,
THIELE, TOWNSEND, WALKER -- read once and referred to the Committee on
Ways and Means
AN ACT to amend the tax law, the vehicle and traffic law, the general
municipal law, the labor law, the public health law, the volunteer
firefighters' benefit law, the volunteer ambulance workers' benefit
law, the county law and the education law, in relation to enacting the
volunteer firefighter and ambulance worker protection and incentive
act of 2007; and to amend chapter 668 of the laws of 1977, amending
the volunteer firefighters' benefit law, relating to disability due to
disease or malfunction of the heart or coronary arteries, in relation
to making certain provisions thereof permanent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "volunteer firefighter and ambulance worker protection and incentive
act of 2009".
S 2. Subsection (e-1) of section 606 of the tax law, as added by
section 1 of part U of chapter 62 of the laws of 2006, paragraph 2 as
amended by chapter 532 of the laws of 2007, paragraph 3 as added and
paragraph 4 as renumbered by section 4 of part N of chapter 61 of the
laws of 2006, is amended to read as follows:
(e-1) Volunteer firefighters' and ambulance workers' credit. (1) For
taxable years beginning on and after January first, two thousand [seven]
NINE, a resident taxpayer who serves as an active volunteer firefighter
as defined in subdivision one of section two hundred fifteen of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03000-01-9
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general municipal law or as a volunteer ambulance worker as defined in
subdivision fourteen of section two hundred nineteen-k of the general
municipal law shall be allowed a credit against the tax imposed by this
article equal to [two] FIVE hundred dollars. In order to receive this
credit a volunteer firefighter or volunteer ambulance worker must have
been active for the entire taxable year for which the credit is sought.
(2) If a taxpayer receives a real property tax exemption relating to
such service under title two of article four of the real property tax
law, such taxpayer shall not be eligible for this credit; provided,
however (A) if the taxpayer receives such real property tax exemption in
the two thousand seven taxable year as a result of making application
therefor in a prior year or (B) if the taxpayer notifies his or her
assessor in writing by December thirty-first, two thousand seven of the
taxpayer's intent to discontinue such real property tax exemption by not
re-applying for such real property tax exemption by the next taxable
status date, such taxpayer shall be eligible for this credit for the two
thousand seven taxable year.
(3) In the case of a husband and wife who file a joint return and who
both individually qualify for the credit under this subsection, the
amount of the credit allowed shall be [four hundred] ONE THOUSAND
dollars.
(4) If the amount of the credit allowed under this subsection for any
taxable year shall exceed the taxpayer's tax for such year, the excess
shall be treated as an overpayment of tax to be credited or refunded in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest shall be paid thereon.
S 3. Subdivision 6 of section 401 of the vehicle and traffic law is
amended by adding a new paragraph h to read as follows:
H. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, ANY MOTOR VEHICLE OWNED BY A VOLUNTEER FIREFIGHTER, AS
DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHT-
ERS' BENEFIT LAW, OR A VOLUNTEER AMBULANCE WORKER, AS DEFINED IN SUBDI-
VISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' BENEFIT
LAW, AND USED BY SUCH VOLUNTEER IN THE PERFORMANCE OF HIS OR HER DUTIES
AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER SHALL BE EXEMPT
FROM ALL MOTOR VEHICLE REGISTRATION FEES AND FROM ANY VEHICLE USE OR
OTHER TAX BASED UPON THE WEIGHT OR VALUE OF SUCH MOTOR VEHICLE.
S 4. Subdivision 3 of section 404-b of the vehicle and traffic law, as
amended by chapter 277 of the laws of 1991, is amended to read as
follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon payment of the regular
registration fee prescribed by section four hundred one of this chapter
and an initial one time service charge of fifteen dollars; PROVIDED,
HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE IMPOSED FOR
A MOTOR VEHICLE USED BY A VOLUNTEER FIREFIGHTER IN THE PERFORMANCE OF
HIS OR HER DUTIES.
S 5. Subdivision 3 of section 404-f of the vehicle and traffic law, as
amended by chapter 277 of the laws of 1991, is amended to read as
follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon payment of the regular
registration fee prescribed by section four hundred one of this chapter
and an additional annual service charge of fifteen dollars; PROVIDED,
HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE IMPOSED FOR
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A MOTOR VEHICLE USED BY A MEMBER OF A VOLUNTEER AMBULANCE SERVICE IN THE
PERFORMANCE OF HIS OR HER DUTIES.
S 6. Section 92-a of the general municipal law is amended by adding a
new subdivision 8 to read as follows:
8. THE PROVISIONS OF THIS SECTION SHALL APPLY TO VOLUNTEER FIREFIGHT-
ERS, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER
FIREFIGHTERS' BENEFIT LAW, AND VOLUNTEER AMBULANCE WORKERS, AS DEFINED
IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS'
BENEFIT LAW; PROVIDED HOWEVER, THAT THE TOTAL OR PARTIAL COST OF PARTIC-
IPATION SHALL BE BORNE BY SUCH MEMBER, UNLESS THE GOVERNING BOARD OF THE
VOLUNTEER FIRE COMPANY, DEPARTMENT, OR CORPORATION OR THE GOVERNING
BOARD OF THE VOLUNTEER AMBULANCE COMPANY, EITHER VOLUNTARY OR MUNICIPAL,
SHALL ENACT PROVISIONS TO PROVIDE TOTAL OR PARTIAL CONTRIBUTION IN
PAYMENT OF THE COST OF SUCH MEMBER'S PARTICIPATION IN SUCH PLAN.
S 7. The labor law is amended by adding a new section 202-l to read
as follows:
S 202-L. AUTHORIZED ABSENCE. 1. IF AN EMPLOYEE IS ABSENT FROM OR LATE
TO HIS OR HER EMPLOYMENT IN ORDER TO RESPOND TO AN EMERGENCY PRIOR TO
THE TIME THE EMPLOYEE IS TO REPORT TO HIS OR HER EMPLOYMENT DUE TO HIS
OR HER ENGAGING IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS (A) A
VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED MEMBER OF A VOLUNTEER AMBU-
LANCE SERVICE PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, AN
EMPLOYER SHALL BE PROHIBITED FROM TERMINATING SUCH EMPLOYEE ON THE BASIS
OF SUCH ABSENCE OR LATENESS.
2. THE ENTIRE PERIOD OF THE AUTHORIZED ABSENCE GRANTED PURSUANT TO
THIS SECTION MAY BE CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS
OTHERWISE ENTITLED TO, AND SUCH AUTHORIZED ABSENCE SHALL INCLUDE TRAVEL
BOTH TO AND FROM SUCH DUTIES PERFORMED IN HIS OR HER CAPACITY AS A
VOLUNTEER. AT THE EMPLOYER'S REQUEST, THE EMPLOYEE MUST PROVIDE THE
EMPLOYER WITH A STATEMENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR
VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE, STATING THE EMPLOYEE
RESPONDED TO AN EMERGENCY AND THE TIME OF SUCH RESPONSE.
S 8. Subdivisions 12 and 13 of section 2780 of the public health law,
as added by chapter 584 of the laws of 1988, are amended and two new
subdivisions 18 and 19 are added to read as follows:
12. "Health facility" means a hospital as defined in section two thou-
sand eight hundred one of this chapter, NURSING HOME, HOSPICE, CLINIC,
blood bank, blood center, sperm bank, organ or tissue bank, clinical
laboratory, RESIDENTIAL OR OUTPATIENT DRUG AND ALCOHOL REHABILITATION
SERVICE or facility providing care or treatment to persons with a mental
disability as defined in article one of the mental hygiene law OR ANY
OTHER HEALTH CARE INSTITUTION REQUIRED TO BE LICENSED IN THIS STATE
WHETHER PRIVATELY OR PUBLICLY OPERATED.
13. "Health care provider" means any physician, nurse, EMERGENCY
MEDICAL SERVICES WORKER, provider of services for the mentally disabled
as defined in article one of the mental hygiene law, or other person
involved in providing medical, nursing, counseling, or other health care
or mental health service, including those associated with, or under
contract to, a health maintenance organization or medical services plan.
18. "FIRST RESPONDER" MEANS POLICE, FIREFIGHTERS, RESCUE PERSONNEL OR
ANY OTHER PERSON WHO PROVIDES EMERGENCY RESPONSE, FIRST AID OR OTHER
MEDICALLY RELATED ASSISTANCE EITHER IN THE COURSE OF THEIR OCCUPATIONAL
DUTIES OR AS A VOLUNTEER, WHICH MAY EXPOSE THEM TO CONTACT WITH A
PERSON'S BODILY FLUIDS.
19. "SIGNIFICANT EXPOSURE" MEANS DIRECT CONTACT WITH BLOOD OR BODY
FLUIDS OF A PATIENT IN A MANNER WHICH, ACCORDING TO THE MOST CURRENT
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GUIDELINES OF THE CENTERS FOR DISEASE CONTROL OF THE UNITED STATES
PUBLIC HEALTH SERVICE, IS CAPABLE OF TRANSMITTING HUMAN IMMUNODEFICIENCY
VIRUS, INCLUDING, BUT NOT LIMITED TO, A PERCUTANEOUS INJURY, CONTACT OF
MUCOUS MEMBRANES OR CONTACT OF SKIN (ESPECIALLY WHEN THE EXPOSED SKIN IS
CHAPPED, ABRADED OR AFFLICTED WITH DERMATITIS) OR IF THE CONTACT IS
PROLONGED OR INVOLVES AN EXTENSIVE AREA.
S 9. Subdivision 1 of section 2781 of the public health law, as added
by chapter 584 of the laws of 1988, is amended to read as follows:
1. Except as provided in section TWENTY-SEVEN HUNDRED EIGHTY-ONE-A OF
THIS ARTICLE OR IN SECTION three thousand one hundred twenty-one of the
civil practice law and rules, or unless otherwise specifically author-
ized or required by a state or federal law, no person shall order the
performance of an HIV related test without first receiving the written,
informed consent of the subject of the test who has capacity to consent
or, when the subject lacks capacity to consent, of a person authorized
pursuant to law to consent to health care for such individual. A physi-
cian or other person authorized pursuant to law to order the performance
of an HIV related test shall certify, in the order for the performance
of an HIV related test, that informed consent required by this section
has been received prior to ordering such test by a laboratory or other
facility.
S 10. The public health law is amended by adding a new section 2781-a
to read as follows:
S 2781-A. CERTIFICATION OF SIGNIFICANT EXPOSURE AND TESTING PROCE-
DURES. 1. WHENEVER A HEALTH CARE PROVIDER OR FIRST RESPONDER EXPERIENCES
AN EXPOSURE TO A PATIENT'S BLOOD OR BODILY FLUIDS DURING THE COURSE OF
RENDERING HEALTH CARE OR OCCUPATIONAL SERVICES, THE INDIVIDUAL MAY
REQUEST AN EVALUATION OF THE EXPOSURE, BY A PHYSICIAN, TO DETERMINE IF
IT IS A SIGNIFICANT EXPOSURE. NO PHYSICIAN SHALL CERTIFY HIS OWN SIGNIF-
ICANT EXPOSURE OR THAT OF ANY OF HIS EMPLOYEES. SUCH REQUESTS SHALL BE
MADE WITHIN SEVENTY-TWO HOURS OF THE EXPOSURE.
2. WITHIN SEVENTY-TWO HOURS OF THE REQUEST, THE PHYSICIAN SHALL MAKE
WRITTEN CERTIFICATION OF THE SIGNIFICANCE OF THE EXPOSURE.
3. IF THE PHYSICIAN DETERMINES THAT THE HEALTH CARE PROVIDER OR FIRST
RESPONDER HAS EXPERIENCED A SIGNIFICANT EXPOSURE, THE PHYSICIAN SHALL
OFFER THE EXPOSED INDIVIDUAL THE OPPORTUNITY TO UNDERGO TESTING FOLLOW-
ING THE PROCEDURE OUTLINED IN SECTION TWENTY-SEVEN HUNDRED EIGHTY-ONE OF
THIS ARTICLE.
S 11. The volunteer firefighters' benefit law is amended by adding a
new section 26 to read as follows:
S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES
PERFORMED IN THE LINE OF DUTY, A VOLUNTEER FIREFIGHTER EXPERIENCES AN
EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXECU-
TIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF WHICH HE OR SHE
IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO OBTAIN THE EVALU-
ATION AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN
HUNDRED EIGHTY-ONE-A OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION
MAY BE GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH
EVALUATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER
THIS CHAPTER.
S 12. The volunteer ambulance workers' benefit law is amended by
adding a new section 26 to read as follows:
S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES
PERFORMED IN THE LINE OF DUTY, A VOLUNTEER AMBULANCE WORKER EXPERIENCES
AN EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXEC-
UTIVE OFFICER OF THE AMBULANCE COMPANY OF WHICH HE OR SHE IS A MEMBER
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MAY AUTHORIZE THE VOLUNTEER AMBULANCE WORKER TO OBTAIN THE EVALUATION
AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN HUNDRED
EIGHTY-ONE-A OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION MAY BE
GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH EVALU-
ATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER THIS
CHAPTER.
S 13. The county law is amended by adding a new section 307-a to read
as follows:
S 307-A. PRIORITY ACCESS TO WIRELESS TELEPHONE AND TEXT MESSAGING
SERVICE FOR EMERGENCY SERVICE. EVERY WIRELESS TELEPHONE SERVICE SUPPLIER
AS DEFINED IN SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER, OFFER-
ING WIRELESS TELEPHONE AND TEXT MESSAGING SERVICE SHALL, TO THE EXTENT
TECHNICALLY FEASIBLE, MAKE AVAILABLE TO (1) ANY WIRELESS TELEPHONE
CUSTOMER DIALING 911 AND (2) EMERGENCY SERVICE PROVIDERS INCLUDING, BUT
NOT LIMITED TO, FIRE DEPARTMENTS AND COMPANIES, EMERGENCY MEDICAL
SERVICES AND LAW ENFORCEMENT AGENCIES, PRIORITY ACCESS TO WIRELESS TELE-
PHONE AND TEXT MESSAGING SERVICE IN ORDER TO ASSURE ITS AVAILABILITY
DURING A PUBLIC EMERGENCY. SUCH WIRELESS TELEPHONE SERVICE SUPPLIERS MAY
CONSULT WITH THE NEW YORK STATE 911 BOARD, STATE FIRE ADMINISTRATOR, NEW
YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SUCH LAW ENFORCEMENT
OFFICIALS AS APPROPRIATE IN ESTABLISHING SUCH PRIORITY ACCESS.
S 14. Paragraph d of subdivision 4 of section 669-c of the education
law, as amended by section 1 of part I of chapter 57 of the laws of
2004, is amended to read as follows:
d. Be enrolled in a degree producing curriculum at an institution
[located within a fifty mile radius of the volunteer organization;
provided that if no such institution exists, the next closest institu-
tion] AS DEFINED IN SUBDIVISION TWO OF THIS SECTION;
S 15. Section 4 of chapter 668 of the laws of 1977, amending the
volunteer firefighters' benefit law, relating to disability due to
disease or malfunction of the heart or coronary arteries, as amended by
chapter 138 of the laws of 2005, is amended to read as follows:
[S 4. The provisions of section two of this act shall remain in full
force and effect to and including the thirtieth day of June, 2010.]
S 16. Notwithstanding any other provision of law to the contrary, the
payment of tolls on any highway, bridge, tunnel or other toll road with-
in this state shall not apply to a voluntary ambulance service operating
pursuant to a valid operating certificate as described in subdivision 1
of section 3005 of the public health law while such vehicle is respond-
ing to an emergency or furnishing voluntary ambulance services.
S 17. This act shall take effect immediately, except that:
a. sections three, four and five of this act shall apply to fees,
charges and taxes imposed on or after such effective date;
b. section six of this act shall take effect on the one hundred twen-
tieth day after it shall have become a law. The rules and regulations
necessary to implement the provisions of section six of this act on its
effective date are authorized and directed to be promulgated on or
before such date; and
c. the amendments to section 669-c of the education law made by
section fourteen of this act shall not affect the repeal of such section
pursuant to section 5 of part G of chapter 83 of the laws of 2002, as
amended, and shall be deemed repealed therewith.