Bill Text: NJ A1539 | 2016-2017 | Regular Session | Introduced
Bill Title: Clarifies that first aid, ambulance or rescue squads, as entities, have immunity from civil damages in certain circumstances.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A1539 Detail]
Download: New_Jersey-2016-A1539-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman JACK M. CIATTARELLI
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Assemblymen McGuckin, DiMaio, Assemblywomen N.Munoz and Handlin
SYNOPSIS
Clarifies that first aid, ambulance or rescue squads, as entities, have immunity from civil damages in certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
AN ACT concerning immunity and amending P.L.1975, c.196 and P.L.1985, c.351.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1975, c.196 (C.2A:53A-13.1) is amended to read as follows:
1. [No] A volunteer fire company [or volunteer] , a first aid, rescue, or emergency squad, or a civil defense unit, incorporated or unincorporated, which provides services for the control and extinguishment of fires or emergency public first aid and rescue services, or both, shall not be liable in any civil action to respond in damages as a result of any acts of commission or omission arising out of, and in the course of, the rendition in good faith of any such services, or arising out of, and in the course of, participation in any authorized drill, by any member of the volunteer fire company [or] , the [volunteer] first aid, rescue, or emergency squad, or the civil defense unit[,] ; and in the case of a volunteer fire company within which a first aid or rescue squad has been created, by any authorized active [volunteer] first aid or rescue squad worker therefor, notwithstanding that [he] the worker is not a member of the volunteer fire company. No such immunity from liability shall extend to the operation of any motor vehicle in connection with the rendering of any such services.
As used in this section, "first aid, rescue, or emergency squad" includes a volunteer or nonvolunteer first aid, rescue, and ambulance squad as defined by section 3 of P.L.1987, c.284 (C.27:5F-20), or a non-profit first aid, rescue, and ambulance squad that bills or receives reimbursement for services that it provides.
(cf: P.L.1983, c.29, s.2)
2. Section 10 of P.L.1985, c.351 (C.26:2K-29) is amended to read as follows:
10. No EMT-intermediate, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses or other employees of the hospital, first aid, ambulance or rescue squad, or officers and members of a first aid, ambulance or rescue squad shall be liable for any civil damages as the result of an act or the omission of an act committed while in training for or in the rendering of intermediate life support services in good faith and in accordance with this act.
(cf: P.L.1985, c.351, s.10)
3. This act shall take effect immediately.
STATEMENT
This bill provides immunity from civil liability to all first aid, rescue, and emergency squads, as entities, in certain circumstances.
Current law provides civil immunity to: (1) individual members of first aid, rescue, or emergency squads, regardless of whether they receive reimbursement; (2) volunteer first aid, rescue, and emergency squads, as entities; and (3) first aid, rescue, or emergency squads, as entities, regardless of whether they receive reimbursement, for acts or omissions committed while in training for or in the rendering of advanced life support services. The immunity conferred by current law does not extend to nonvolunteer squads, as entities, for acts or omissions committed while in training for or providing services other than advanced life support services.
