Bill Text: NJ A3282 | 2012-2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 8-1)

Status: (Engrossed - Dead) 2014-01-13 - Passed by the Assembly (77-1-0) [A3282 Detail]

Download: New_Jersey-2012-A3282-Amended.html

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[First Reprint]

ASSEMBLY, No. 3282

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED SEPTEMBER 27, 2012

 

 

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

     As reported by the Assembly Health and Senior Services Committee on January 14, 2013, with amendments.

  

AN ACT concerning immunity and amending ¹P.L.1975, c.196 and¹ P.L.1985, c.351.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     ¹1.   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.¹

(cf:  P.L.1983, c.29, s.2)

 

     ¹[1.] 2.¹     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 ¹[squads] squad¹, 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)

 

     ¹[2.] 3.¹     This act shall take effect immediately.