Bill Text: NY A01090 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Republican 37-1)
Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A01090 Detail]
Download: New_York-2009-A01090-Introduced.html
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: 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 2009". 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 NINE, a resident taxpayer who serves as an active volunteer firefighter 12 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 A. 1090 2 1 general municipal law or as a volunteer ambulance worker as defined in 2 subdivision fourteen of section two hundred nineteen-k of the general 3 municipal law shall be allowed a credit against the tax imposed by this 4 article equal to [two] FIVE hundred dollars. In order to receive this 5 credit a volunteer firefighter or volunteer ambulance worker must have 6 been active for the entire taxable year for which the credit is sought. 7 (2) If a taxpayer receives a real property tax exemption relating to 8 such service under title two of article four of the real property tax 9 law, such taxpayer shall not be eligible for this credit; provided, 10 however (A) if the taxpayer receives such real property tax exemption in 11 the two thousand seven taxable year as a result of making application 12 therefor in a prior year or (B) if the taxpayer notifies his or her 13 assessor in writing by December thirty-first, two thousand seven of the 14 taxpayer's intent to discontinue such real property tax exemption by not 15 re-applying for such real property tax exemption by the next taxable 16 status date, such taxpayer shall be eligible for this credit for the two 17 thousand seven taxable year. 18 (3) In the case of a husband and wife who file a joint return and who 19 both individually qualify for the credit under this subsection, the 20 amount of the credit allowed shall be [four hundred] ONE THOUSAND 21 dollars. 22 (4) If the amount of the credit allowed under this subsection for any 23 taxable year shall exceed the taxpayer's tax for such year, the excess 24 shall be treated as an overpayment of tax to be credited or refunded in 25 accordance with the provisions of section six hundred eighty-six of this 26 article, provided, however, that no interest shall be paid thereon. 27 S 3. Subdivision 6 of section 401 of the vehicle and traffic law is 28 amended by adding a new paragraph h to read as follows: 29 H. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW TO 30 THE CONTRARY, ANY MOTOR VEHICLE OWNED BY A VOLUNTEER FIREFIGHTER, AS 31 DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHT- 32 ERS' BENEFIT LAW, OR A VOLUNTEER AMBULANCE WORKER, AS DEFINED IN SUBDI- 33 VISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' BENEFIT 34 LAW, AND USED BY SUCH VOLUNTEER IN THE PERFORMANCE OF HIS OR HER DUTIES 35 AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER SHALL BE EXEMPT 36 FROM ALL MOTOR VEHICLE REGISTRATION FEES AND FROM ANY VEHICLE USE OR 37 OTHER TAX BASED UPON THE WEIGHT OR VALUE OF SUCH MOTOR VEHICLE. 38 S 4. Subdivision 3 of section 404-b of the vehicle and traffic law, as 39 amended by chapter 277 of the laws of 1991, is amended to read as 40 follows: 41 3. A distinctive plate issued pursuant to this section shall be issued 42 in the same manner as other number plates upon payment of the regular 43 registration fee prescribed by section four hundred one of this chapter 44 and an initial one time service charge of fifteen dollars; PROVIDED, 45 HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE IMPOSED FOR 46 A MOTOR VEHICLE USED BY A VOLUNTEER FIREFIGHTER IN THE PERFORMANCE OF 47 HIS OR HER DUTIES. 48 S 5. Subdivision 3 of section 404-f of the vehicle and traffic law, as 49 amended by chapter 277 of the laws of 1991, is amended to read as 50 follows: 51 3. A distinctive plate issued pursuant to this section shall be issued 52 in the same manner as other number plates upon payment of the regular 53 registration fee prescribed by section four hundred one of this chapter 54 and an additional annual service charge of fifteen dollars; PROVIDED, 55 HOWEVER, NO SUCH REGISTRATION FEE OR SERVICE CHARGE SHALL BE IMPOSED FOR A. 1090 3 1 A MOTOR VEHICLE USED BY A MEMBER OF A VOLUNTEER AMBULANCE SERVICE IN THE 2 PERFORMANCE OF HIS OR HER DUTIES. 3 S 6. Section 92-a of the general municipal law is amended by adding a 4 new subdivision 8 to read as follows: 5 8. THE PROVISIONS OF THIS SECTION SHALL APPLY TO VOLUNTEER FIREFIGHT- 6 ERS, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER 7 FIREFIGHTERS' BENEFIT LAW, AND VOLUNTEER AMBULANCE WORKERS, AS DEFINED 8 IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' 9 BENEFIT LAW; PROVIDED HOWEVER, THAT THE TOTAL OR PARTIAL COST OF PARTIC- 10 IPATION SHALL BE BORNE BY SUCH MEMBER, UNLESS THE GOVERNING BOARD OF THE 11 VOLUNTEER FIRE COMPANY, DEPARTMENT, OR CORPORATION OR THE GOVERNING 12 BOARD OF THE VOLUNTEER AMBULANCE COMPANY, EITHER VOLUNTARY OR MUNICIPAL, 13 SHALL ENACT PROVISIONS TO PROVIDE TOTAL OR PARTIAL CONTRIBUTION IN 14 PAYMENT OF THE COST OF SUCH MEMBER'S PARTICIPATION IN SUCH PLAN. 15 S 7. The labor law is amended by adding a new section 202-l to read 16 as follows: 17 S 202-L. AUTHORIZED ABSENCE. 1. IF AN EMPLOYEE IS ABSENT FROM OR LATE 18 TO HIS OR HER EMPLOYMENT IN ORDER TO RESPOND TO AN EMERGENCY PRIOR TO 19 THE TIME THE EMPLOYEE IS TO REPORT TO HIS OR HER EMPLOYMENT DUE TO HIS 20 OR HER ENGAGING IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS (A) A 21 VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED MEMBER OF A VOLUNTEER AMBU- 22 LANCE SERVICE PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, AN 23 EMPLOYER SHALL BE PROHIBITED FROM TERMINATING SUCH EMPLOYEE ON THE BASIS 24 OF SUCH ABSENCE OR LATENESS. 25 2. THE ENTIRE PERIOD OF THE AUTHORIZED ABSENCE GRANTED PURSUANT TO 26 THIS SECTION MAY BE CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS 27 OTHERWISE ENTITLED TO, AND SUCH AUTHORIZED ABSENCE SHALL INCLUDE TRAVEL 28 BOTH TO AND FROM SUCH DUTIES PERFORMED IN HIS OR HER CAPACITY AS A 29 VOLUNTEER. AT THE EMPLOYER'S REQUEST, THE EMPLOYEE MUST PROVIDE THE 30 EMPLOYER WITH A STATEMENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR 31 VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE, STATING THE EMPLOYEE 32 RESPONDED TO AN EMERGENCY AND THE TIME OF SUCH RESPONSE. 33 S 8. Subdivisions 12 and 13 of section 2780 of the public health law, 34 as added by chapter 584 of the laws of 1988, are amended and two new 35 subdivisions 18 and 19 are added to read as follows: 36 12. "Health facility" means a hospital as defined in section two thou- 37 sand eight hundred one of this chapter, NURSING HOME, HOSPICE, CLINIC, 38 blood bank, blood center, sperm bank, organ or tissue bank, clinical 39 laboratory, RESIDENTIAL OR OUTPATIENT DRUG AND ALCOHOL REHABILITATION 40 SERVICE or facility providing care or treatment to persons with a mental 41 disability as defined in article one of the mental hygiene law OR ANY 42 OTHER HEALTH CARE INSTITUTION REQUIRED TO BE LICENSED IN THIS STATE 43 WHETHER PRIVATELY OR PUBLICLY OPERATED. 44 13. "Health care provider" means any physician, nurse, EMERGENCY 45 MEDICAL SERVICES WORKER, provider of services for the mentally disabled 46 as defined in article one of the mental hygiene law, or other person 47 involved in providing medical, nursing, counseling, or other health care 48 or mental health service, including those associated with, or under 49 contract to, a health maintenance organization or medical services plan. 50 18. "FIRST RESPONDER" MEANS POLICE, FIREFIGHTERS, RESCUE PERSONNEL OR 51 ANY OTHER PERSON WHO PROVIDES EMERGENCY RESPONSE, FIRST AID OR OTHER 52 MEDICALLY RELATED ASSISTANCE EITHER IN THE COURSE OF THEIR OCCUPATIONAL 53 DUTIES OR AS A VOLUNTEER, WHICH MAY EXPOSE THEM TO CONTACT WITH A 54 PERSON'S BODILY FLUIDS. 55 19. "SIGNIFICANT EXPOSURE" MEANS DIRECT CONTACT WITH BLOOD OR BODY 56 FLUIDS OF A PATIENT IN A MANNER WHICH, ACCORDING TO THE MOST CURRENT A. 1090 4 1 GUIDELINES OF THE CENTERS FOR DISEASE CONTROL OF THE UNITED STATES 2 PUBLIC HEALTH SERVICE, IS CAPABLE OF TRANSMITTING HUMAN IMMUNODEFICIENCY 3 VIRUS, INCLUDING, BUT NOT LIMITED TO, A PERCUTANEOUS INJURY, CONTACT OF 4 MUCOUS MEMBRANES OR CONTACT OF SKIN (ESPECIALLY WHEN THE EXPOSED SKIN IS 5 CHAPPED, ABRADED OR AFFLICTED WITH DERMATITIS) OR IF THE CONTACT IS 6 PROLONGED OR INVOLVES AN EXTENSIVE AREA. 7 S 9. Subdivision 1 of section 2781 of the public health law, as added 8 by chapter 584 of the laws of 1988, is amended to read as follows: 9 1. Except as provided in section TWENTY-SEVEN HUNDRED EIGHTY-ONE-A OF 10 THIS ARTICLE OR IN SECTION three thousand one hundred twenty-one of the 11 civil practice law and rules, or unless otherwise specifically author- 12 ized or required by a state or federal law, no person shall order the 13 performance of an HIV related test without first receiving the written, 14 informed consent of the subject of the test who has capacity to consent 15 or, when the subject lacks capacity to consent, of a person authorized 16 pursuant to law to consent to health care for such individual. A physi- 17 cian or other person authorized pursuant to law to order the performance 18 of an HIV related test shall certify, in the order for the performance 19 of an HIV related test, that informed consent required by this section 20 has been received prior to ordering such test by a laboratory or other 21 facility. 22 S 10. The public health law is amended by adding a new section 2781-a 23 to read as follows: 24 S 2781-A. CERTIFICATION OF SIGNIFICANT EXPOSURE AND TESTING PROCE- 25 DURES. 1. WHENEVER A HEALTH CARE PROVIDER OR FIRST RESPONDER EXPERIENCES 26 AN EXPOSURE TO A PATIENT'S BLOOD OR BODILY FLUIDS DURING THE COURSE OF 27 RENDERING HEALTH CARE OR OCCUPATIONAL SERVICES, THE INDIVIDUAL MAY 28 REQUEST AN EVALUATION OF THE EXPOSURE, BY A PHYSICIAN, TO DETERMINE IF 29 IT IS A SIGNIFICANT EXPOSURE. NO PHYSICIAN SHALL CERTIFY HIS OWN SIGNIF- 30 ICANT EXPOSURE OR THAT OF ANY OF HIS EMPLOYEES. SUCH REQUESTS SHALL BE 31 MADE WITHIN SEVENTY-TWO HOURS OF THE EXPOSURE. 32 2. WITHIN SEVENTY-TWO HOURS OF THE REQUEST, THE PHYSICIAN SHALL MAKE 33 WRITTEN CERTIFICATION OF THE SIGNIFICANCE OF THE EXPOSURE. 34 3. IF THE PHYSICIAN DETERMINES THAT THE HEALTH CARE PROVIDER OR FIRST 35 RESPONDER HAS EXPERIENCED A SIGNIFICANT EXPOSURE, THE PHYSICIAN SHALL 36 OFFER THE EXPOSED INDIVIDUAL THE OPPORTUNITY TO UNDERGO TESTING FOLLOW- 37 ING THE PROCEDURE OUTLINED IN SECTION TWENTY-SEVEN HUNDRED EIGHTY-ONE OF 38 THIS ARTICLE. 39 S 11. The volunteer firefighters' benefit law is amended by adding a 40 new section 26 to read as follows: 41 S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES 42 PERFORMED IN THE LINE OF DUTY, A VOLUNTEER FIREFIGHTER EXPERIENCES AN 43 EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXECU- 44 TIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF WHICH HE OR SHE 45 IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO OBTAIN THE EVALU- 46 ATION AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN 47 HUNDRED EIGHTY-ONE-A OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION 48 MAY BE GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH 49 EVALUATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER 50 THIS CHAPTER. 51 S 12. The volunteer ambulance workers' benefit law is amended by 52 adding a new section 26 to read as follows: 53 S 26. EXPOSURE TO BLOOD OR BODILY FLUIDS. IF, AS A RESULT OF SERVICES 54 PERFORMED IN THE LINE OF DUTY, A VOLUNTEER AMBULANCE WORKER EXPERIENCES 55 AN EXPOSURE TO A PATIENT'S OR VICTIM'S BLOOD OR BODILY FLUIDS, THE EXEC- 56 UTIVE OFFICER OF THE AMBULANCE COMPANY OF WHICH HE OR SHE IS A MEMBER A. 1090 5 1 MAY AUTHORIZE THE VOLUNTEER AMBULANCE WORKER TO OBTAIN THE EVALUATION 2 AND TESTING OF THE EXPOSURE SET FORTH IN SECTION TWENTY-SEVEN HUNDRED 3 EIGHTY-ONE-A OF THE PUBLIC HEALTH LAW. ANY SUCH AUTHORIZATION MAY BE 4 GRANTED PRIOR TO THE GIVING OF NOTICE UNDER THIS CHAPTER. SUCH EVALU- 5 ATION AND TESTING OF THE EXPOSURE SHALL BE A COVERED BENEFIT UNDER THIS 6 CHAPTER. 7 S 13. The county law is amended by adding a new section 307-a to read 8 as follows: 9 S 307-A. PRIORITY ACCESS TO WIRELESS TELEPHONE AND TEXT MESSAGING 10 SERVICE FOR EMERGENCY SERVICE. EVERY WIRELESS TELEPHONE SERVICE SUPPLIER 11 AS DEFINED IN SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER, OFFER- 12 ING WIRELESS TELEPHONE AND TEXT MESSAGING SERVICE SHALL, TO THE EXTENT 13 TECHNICALLY FEASIBLE, MAKE AVAILABLE TO (1) ANY WIRELESS TELEPHONE 14 CUSTOMER DIALING 911 AND (2) EMERGENCY SERVICE PROVIDERS INCLUDING, BUT 15 NOT LIMITED TO, FIRE DEPARTMENTS AND COMPANIES, EMERGENCY MEDICAL 16 SERVICES AND LAW ENFORCEMENT AGENCIES, PRIORITY ACCESS TO WIRELESS TELE- 17 PHONE AND TEXT MESSAGING SERVICE IN ORDER TO ASSURE ITS AVAILABILITY 18 DURING A PUBLIC EMERGENCY. SUCH WIRELESS TELEPHONE SERVICE SUPPLIERS MAY 19 CONSULT WITH THE NEW YORK STATE 911 BOARD, STATE FIRE ADMINISTRATOR, NEW 20 YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SUCH LAW ENFORCEMENT 21 OFFICIALS AS APPROPRIATE IN ESTABLISHING SUCH PRIORITY ACCESS. 22 S 14. Paragraph d of subdivision 4 of section 669-c of the education 23 law, as amended by section 1 of part I of chapter 57 of the laws of 24 2004, is amended to read as follows: 25 d. Be enrolled in a degree producing curriculum at an institution 26 [located within a fifty mile radius of the volunteer organization; 27 provided that if no such institution exists, the next closest institu- 28 tion] AS DEFINED IN SUBDIVISION TWO OF THIS SECTION; 29 S 15. Section 4 of chapter 668 of the laws of 1977, amending the 30 volunteer firefighters' benefit law, relating to disability due to 31 disease or malfunction of the heart or coronary arteries, as amended by 32 chapter 138 of the laws of 2005, is amended to read as follows: 33 [S 4. The provisions of section two of this act shall remain in full 34 force and effect to and including the thirtieth day of June, 2010.] 35 S 16. Notwithstanding any other provision of law to the contrary, the 36 payment of tolls on any highway, bridge, tunnel or other toll road with- 37 in this state shall not apply to a voluntary ambulance service operating 38 pursuant to a valid operating certificate as described in subdivision 1 39 of section 3005 of the public health law while such vehicle is respond- 40 ing to an emergency or furnishing voluntary ambulance services. 41 S 17. This act shall take effect immediately, except that: 42 a. sections three, four and five of this act shall apply to fees, 43 charges and taxes imposed on or after such effective date; 44 b. section six of this act shall take effect on the one hundred twen- 45 tieth day after it shall have become a law. The rules and regulations 46 necessary to implement the provisions of section six of this act on its 47 effective date are authorized and directed to be promulgated on or 48 before such date; and 49 c. the amendments to section 669-c of the education law made by 50 section fourteen of this act shall not affect the repeal of such section 51 pursuant to section 5 of part G of chapter 83 of the laws of 2002, as 52 amended, and shall be deemed repealed therewith.