Bill Text: NY A06661 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the "Volunteer Firefighter and Ambulance Worker Protection and Incentive Act of 2013"; increases the volunteer firefighters' and volunteer ambulance workers' credit in the amount of five hundred dollars; exempts motor vehicles used in the performance of such volunteers' duties from registration fees, use taxes and special fees for volunteer license plates; establishes priority access to wireless telephone and text messaging services for emergency service; provides safety for employees who are late or miss work because they have responded to an emergency; eliminates the expiration on benefits for volunteer firefighters for disease and malfunction of the heart or coronary arteries.
Spectrum: Partisan Bill (Republican 30-0)
Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A06661 Detail]
Download: New_York-2013-A06661-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6661 2013-2014 Regular Sessions I N A S S E M B L Y April 12, 2013 ___________ Introduced by M. of A. OAKS, CERETTO, CURRAN, FITZPATRICK, GIGLIO, GOODELL, HAWLEY, MONTESANO, PALMESANO, TEDISCO -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CORWIN, CROUCH, DUPREY, FINCH, JORDAN, KOLB, P. LOPEZ, McDONOUGH, McKEVITT, McLAUGHLIN, RABBITT, RAIA, REILICH, SALADINO, TENNEY, WALTER -- 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, and the county law, in relation to enacting the volunteer fire- fighter and ambulance worker protection and incentive act of 2013; and to amend chapter 668 of the laws of 1977, amending the volunteer fire- fighters' 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "volunteer firefighter and ambulance worker protection and incentive 3 act of 2013". 4 S 2. Subsection (e-1) of section 606 of the tax law, as added by 5 section 1 of part U of chapter 62 of the laws of 2006, paragraph 2 as 6 amended by chapter 532 of the laws of 2007, paragraph 3 as added and 7 paragraph 4 as renumbered by section 4 of part N of chapter 61 of the 8 laws of 2006, is amended to read as follows: 9 (e-1) Volunteer firefighters' and ambulance workers' credit. (1) For 10 taxable years beginning on and after January first, two thousand [seven] 11 THIRTEEN, a resident taxpayer who serves as an active volunteer fire- 12 fighter as defined in subdivision one of section two hundred fifteen of 13 the general municipal law or as a volunteer ambulance worker as defined 14 in subdivision fourteen of section two hundred nineteen-k of the general EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04393-01-3 A. 6661 2 1 municipal law shall be allowed a credit against the tax imposed by this 2 article equal to [two] FIVE hundred dollars. In order to receive this 3 credit a volunteer firefighter or volunteer ambulance worker must have 4 been active for the entire taxable year for which the credit is sought. 5 (2) If a taxpayer receives a real property tax exemption relating to 6 such service under title two of article four of the real property tax 7 law, such taxpayer shall not be eligible for this credit; provided, 8 however (A) if the taxpayer receives such real property tax exemption in 9 the two thousand [seven] THIRTEEN taxable year as a result of making 10 application therefor in a prior year or (B) if the taxpayer notifies his 11 or her assessor in writing by December thirty-first, two thousand 12 [seven] THIRTEEN of the taxpayer's intent to discontinue such real prop- 13 erty tax exemption by not re-applying for such real property tax 14 exemption by the next taxable status date, such taxpayer shall be eligi- 15 ble for this credit for the two thousand [seven] THIRTEEN taxable year. 16 (3) In the case of a husband and wife who file a joint return and who 17 both individually qualify for the credit under this subsection, the 18 amount of the credit allowed shall be [four hundred] ONE THOUSAND 19 dollars. 20 (4) If the amount of the credit allowed under this subsection for any 21 taxable year shall exceed the taxpayer's tax for such year, the excess 22 shall be treated as an overpayment of tax to be credited or refunded in 23 accordance with the provisions of section six hundred eighty-six of this 24 article, provided, however, that no interest shall be paid thereon. 25 S 3. Subdivision 6 of section 401 of the vehicle and traffic law is 26 amended by adding a new paragraph h to read as follows: 27 H. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW TO 28 THE CONTRARY, ANY MOTOR VEHICLE OWNED BY A VOLUNTEER FIREFIGHTER, AS 29 DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHT- 30 ERS' BENEFIT LAW, OR A VOLUNTEER AMBULANCE WORKER, AS DEFINED IN SUBDI- 31 VISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' BENEFIT 32 LAW, AND USED BY SUCH VOLUNTEER IN THE PERFORMANCE OF HIS OR HER DUTIES 33 AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER SHALL BE EXEMPT 34 FROM ALL MOTOR VEHICLE REGISTRATION FEES AND FROM ANY VEHICLE USE OR 35 OTHER TAX BASED UPON THE WEIGHT OR VALUE OF SUCH MOTOR VEHICLE. 36 S 4. Subdivision 3 of section 404-b of the vehicle and traffic law, as 37 amended by chapter 277 of the laws of 1991, is amended to read as 38 follows: 39 3. A distinctive plate issued pursuant to this section shall be issued 40 in the same manner as other number plates upon payment of the regular 41 registration fee prescribed by section four hundred one of this [chap- 42 ter] ARTICLE and an initial one time service charge of fifteen dollars; 43 PROVIDED, HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE 44 IMPOSED FOR A MOTOR VEHICLE USED BY A VOLUNTEER FIREFIGHTER IN THE 45 PERFORMANCE OF HIS OR HER DUTIES. 46 S 5. Subdivision 3 of section 404-f of the vehicle and traffic law, as 47 amended by chapter 277 of the laws of 1991, is amended to read as 48 follows: 49 3. A distinctive plate issued pursuant to this section shall be issued 50 in the same manner as other number plates upon payment of the regular 51 registration fee prescribed by section four hundred one of this [chap- 52 ter] ARTICLE and an additional annual service charge of fifteen dollars; 53 PROVIDED, HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE 54 IMPOSED FOR A MOTOR VEHICLE USED BY A MEMBER OF A VOLUNTEER AMBULANCE 55 SERVICE IN THE PERFORMANCE OF HIS OR HER DUTIES. A. 6661 3 1 S 6. Section 92-a of the general municipal law is amended by adding a 2 new subdivision 8 to read as follows: 3 8. THE PROVISIONS OF THIS SECTION SHALL APPLY TO VOLUNTEER FIREFIGHT- 4 ERS, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER 5 FIREFIGHTERS' BENEFIT LAW, AND VOLUNTEER AMBULANCE WORKERS, AS DEFINED 6 IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' 7 BENEFIT LAW; PROVIDED HOWEVER, THAT THE TOTAL OR PARTIAL COST OF PARTIC- 8 IPATION SHALL BE BORNE BY SUCH MEMBER, UNLESS THE GOVERNING BOARD OF THE 9 VOLUNTEER FIRE COMPANY, DEPARTMENT, OR CORPORATION OR THE GOVERNING 10 BOARD OF THE VOLUNTEER AMBULANCE COMPANY, EITHER VOLUNTARY OR MUNICIPAL, 11 SHALL ENACT PROVISIONS TO PROVIDE TOTAL OR PARTIAL CONTRIBUTION IN 12 PAYMENT OF THE COST OF SUCH MEMBER'S PARTICIPATION IN SUCH PLAN. 13 S 7. The labor law is amended by adding a new section 202-l to read 14 as follows: 15 S 202-L. AUTHORIZED ABSENCE. 1. IF AN EMPLOYEE IS ABSENT FROM OR LATE 16 TO HIS OR HER EMPLOYMENT IN ORDER TO RESPOND TO AN EMERGENCY PRIOR TO 17 THE TIME THE EMPLOYEE IS TO REPORT TO HIS OR HER EMPLOYMENT DUE TO HIS 18 OR HER ENGAGING IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS (A) A 19 VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED MEMBER OF A VOLUNTEER AMBU- 20 LANCE SERVICE PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, AN 21 EMPLOYER SHALL BE PROHIBITED FROM TERMINATING SUCH EMPLOYEE ON THE BASIS 22 OF SUCH ABSENCE OR LATENESS. 23 2. THE ENTIRE PERIOD OF THE AUTHORIZED ABSENCE GRANTED PURSUANT TO 24 THIS SECTION MAY BE CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS 25 OTHERWISE ENTITLED TO, AND SUCH AUTHORIZED ABSENCE SHALL INCLUDE TRAVEL 26 BOTH TO AND FROM SUCH DUTIES PERFORMED IN HIS OR HER CAPACITY AS A 27 VOLUNTEER. AT THE EMPLOYER'S REQUEST, THE EMPLOYEE MUST PROVIDE THE 28 EMPLOYER WITH A STATEMENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR 29 VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE, STATING THE EMPLOYEE 30 RESPONDED TO AN EMERGENCY AND THE TIME OF SUCH RESPONSE. 31 S 8. Subdivisions 12 and 13 of section 2780 of the public health law, 32 as added by chapter 584 of the laws of 1988, are amended and two new 33 subdivisions 18 and 19 are added to read as follows: 34 12. "Health facility" means a hospital as defined in section two thou- 35 sand eight hundred one of this chapter, NURSING HOME, HOSPICE, CLINIC, 36 blood bank, blood center, sperm bank, organ or tissue bank, clinical 37 laboratory, RESIDENTIAL OR OUTPATIENT DRUG AND ALCOHOL REHABILITATION 38 SERVICE or facility providing care or treatment to persons with a mental 39 disability as defined in article one of the mental hygiene law OR ANY 40 OTHER HEALTH CARE INSTITUTION REQUIRED TO BE LICENSED IN THIS STATE 41 WHETHER PRIVATELY OR PUBLICLY OPERATED. 42 13. "Health care provider" means any physician, nurse, EMERGENCY 43 MEDICAL SERVICES WORKER, provider of services for the mentally disabled 44 as defined in article one of the mental hygiene law, or other person 45 involved in providing medical, nursing, counseling, or other health care 46 or mental health service, including those associated with, or under 47 contract to, a health maintenance organization or medical services plan. 48 18. "FIRST RESPONDER" MEANS POLICE, FIREFIGHTERS, RESCUE PERSONNEL OR 49 ANY OTHER PERSON WHO PROVIDES EMERGENCY RESPONSE, FIRST AID OR OTHER 50 MEDICALLY RELATED ASSISTANCE EITHER IN THE COURSE OF THEIR OCCUPATIONAL 51 DUTIES OR AS A VOLUNTEER, WHICH MAY EXPOSE THEM TO CONTACT WITH A 52 PERSON'S BODILY FLUIDS. 53 19. "SIGNIFICANT EXPOSURE" MEANS DIRECT CONTACT WITH BLOOD OR BODY 54 FLUIDS OF A PATIENT IN A MANNER WHICH, ACCORDING TO THE MOST CURRENT 55 GUIDELINES OF THE CENTERS FOR DISEASE CONTROL OF THE UNITED STATES 56 PUBLIC HEALTH SERVICE, IS CAPABLE OF TRANSMITTING HUMAN IMMUNODEFICIENCY A. 6661 4 1 VIRUS, INCLUDING, BUT NOT LIMITED TO, A PERCUTANEOUS INJURY, CONTACT OF 2 MUCOUS MEMBRANES OR CONTACT OF SKIN (ESPECIALLY WHEN THE EXPOSED SKIN IS 3 CHAPPED, ABRADED OR AFFLICTED WITH DERMATITIS) OR IF THE CONTACT IS 4 PROLONGED OR INVOLVES AN EXTENSIVE AREA. 5 S 9. Subdivision 1 of section 2781 of the public health law, as 6 amended by chapter 308 of the laws of 2010, is amended to read as 7 follows: 8 1. Except as provided in section TWENTY-SEVEN HUNDRED EIGHTY-ONE-B OF 9 THIS ARTICLE OR IN SECTION three thousand one hundred twenty-one of the 10 civil practice law and rules, or unless otherwise specifically author- 11 ized or required by a state or federal law, no person shall order the 12 performance of an HIV related test without first having received the 13 written or, where authorized by this subdivision, oral, informed consent 14 of the subject of the test who has capacity to consent or, when the 15 subject lacks capacity to consent, of a person authorized pursuant to 16 law to consent to health care for such individual. When the test being 17 ordered is a rapid HIV test, such informed consent may be obtained oral- 18 ly and shall be documented in the subject of the test's medical record 19 by the person ordering the performance of the test. 20 S 10. The public health law is amended by adding a new section 2781-b 21 to read as follows: 22 S 2781-B. CERTIFICATION OF SIGNIFICANT EXPOSURE AND TESTING PROCE- 23 DURES. 1. WHENEVER A HEALTH CARE PROVIDER OR FIRST RESPONDER EXPERIENCES 24 AN EXPOSURE TO A PATIENT'S BLOOD OR BODILY FLUIDS DURING THE COURSE OF 25 RENDERING HEALTH CARE OR OCCUPATIONAL SERVICES, THE INDIVIDUAL MAY 26 REQUEST AN EVALUATION OF THE EXPOSURE, BY A PHYSICIAN, TO DETERMINE IF 27 IT IS A SIGNIFICANT EXPOSURE. NO PHYSICIAN SHALL CERTIFY HIS OWN SIGNIF- 28 ICANT EXPOSURE OR THAT OF ANY OF HIS EMPLOYEES. SUCH REQUESTS SHALL BE 29 MADE WITHIN SEVENTY-TWO HOURS OF THE EXPOSURE. 30 2. WITHIN SEVENTY-TWO HOURS OF THE REQUEST, THE PHYSICIAN SHALL MAKE 31 WRITTEN CERTIFICATION OF THE SIGNIFICANCE OF THE EXPOSURE. 32 3. IF THE PHYSICIAN DETERMINES THAT THE HEALTH CARE PROVIDER OR FIRST 33 RESPONDER HAS EXPERIENCED A SIGNIFICANT EXPOSURE, THE PHYSICIAN SHALL 34 OFFER THE EXPOSED INDIVIDUAL THE OPPORTUNITY TO UNDERGO TESTING FOLLOW- 35 ING THE PROCEDURE OUTLINED IN SECTION TWENTY-SEVEN HUNDRED EIGHTY-ONE OF 36 THIS ARTICLE. 37 S 11. The volunteer firefighters' benefit law is amended by adding a 38 new section 26 to read as follows: 39 S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES 40 PERFORMED IN THE LINE OF DUTY, A VOLUNTEER FIREFIGHTER EXPERIENCES AN 41 EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXECU- 42 TIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF WHICH HE OR SHE 43 IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO OBTAIN THE EVALU- 44 ATION AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN 45 HUNDRED EIGHTY-ONE-B OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION 46 MAY BE GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH 47 EVALUATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER 48 THIS CHAPTER. 49 S 12. The volunteer ambulance workers' benefit law is amended by 50 adding a new section 26 to read as follows: 51 S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES 52 PERFORMED IN THE LINE OF DUTY, A VOLUNTEER AMBULANCE WORKER EXPERIENCES 53 AN EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXEC- 54 UTIVE OFFICER OF THE AMBULANCE COMPANY OF WHICH HE OR SHE IS A MEMBER 55 MAY AUTHORIZE THE VOLUNTEER AMBULANCE WORKER TO OBTAIN THE EVALUATION 56 AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN HUNDRED A. 6661 5 1 EIGHTY-ONE-B OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION MAY BE 2 GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH EVALU- 3 ATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER THIS 4 CHAPTER. 5 S 13. The county law is amended by adding a new section 307-a to read 6 as follows: 7 S 307-A. PRIORITY ACCESS TO WIRELESS TELEPHONE AND TEXT MESSAGING 8 SERVICE FOR EMERGENCY SERVICE. EVERY WIRELESS TELEPHONE SERVICE SUPPLIER 9 AS DEFINED IN SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER, OFFER- 10 ING WIRELESS TELEPHONE AND TEXT MESSAGING SERVICE SHALL, TO THE EXTENT 11 TECHNICALLY FEASIBLE, MAKE AVAILABLE TO (1) ANY WIRELESS TELEPHONE 12 CUSTOMER DIALING 911 AND (2) EMERGENCY SERVICE PROVIDERS INCLUDING, BUT 13 NOT LIMITED TO, FIRE DEPARTMENTS AND COMPANIES, EMERGENCY MEDICAL 14 SERVICES AND LAW ENFORCEMENT AGENCIES, PRIORITY ACCESS TO WIRELESS TELE- 15 PHONE AND TEXT MESSAGING SERVICE IN ORDER TO ASSURE ITS AVAILABILITY 16 DURING A PUBLIC EMERGENCY. SUCH WIRELESS TELEPHONE SERVICE SUPPLIERS MAY 17 CONSULT WITH THE NEW YORK STATE 911 BOARD, STATE FIRE ADMINISTRATOR, NEW 18 YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SUCH LAW ENFORCEMENT 19 OFFICIALS AS APPROPRIATE IN ESTABLISHING SUCH PRIORITY ACCESS. 20 S 14. Section 4 of chapter 668 of the laws of 1977, amending the 21 volunteer firefighters' benefit law, relating to disability due to 22 disease or malfunction of the heart or coronary arteries, as amended by 23 chapter 383 of the laws of 2010, is amended to read as follows: 24 [S 4. The provisions of section two of this act shall remain in full 25 force and effect to and including the thirtieth day of June, 2015.] 26 S 15. Notwithstanding any other provision of law to the contrary, the 27 payment of tolls on any highway, bridge, tunnel or other toll road with- 28 in this state shall not apply to a voluntary ambulance service operating 29 pursuant to a valid operating certificate as described in subdivision 1 30 of section 3005 of the public health law while such vehicle is respond- 31 ing to an emergency or furnishing voluntary ambulance services. 32 S 16. This act shall take effect immediately, except that: 33 a. sections three, four and five of this act shall apply to fees, 34 charges and taxes imposed on or after such effective date; and 35 b. section six of this act shall take effect on the one hundred twen- 36 tieth day after it shall have become a law. The rules and regulations 37 necessary to implement the provisions of section six of this act on its 38 effective date are authorized and directed to be promulgated on or 39 before such date.