Substitute Senate Bill No. 478
Substitute Senate Bill No. 478
PUBLIC ACT NO. 98-108
AN ACT CONCERNING WARRANTIES ON NEW EMERGENCY
VEHICLES AND MUNICIPALITY LIABILITY FOR VOLUNTEER
AMBULANCE MEMBERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) As used in this section:
(1) "Emergency vehicle" means any new motor
vehicle used as (A) fire fighting apparatus, (B)
an ambulance, or (C) a rescue vehicle, that is
purchased or leased by a department on or after
July 1, 1999;
(2) "Department" means any (A) agency of the
state, (B) municipality, (C) fire department of a
municipality, including a volunteer fire
department, or (D) volunteer ambulance company, as
the case may be;
(3) "Municipality" means any town, city,
borough, fire district or other political
subdivision of this state; and
(4) "Final stage equipment manufacturer" means
a manufacturer that assembles an emergency vehicle
from one or more components supplied by other
manufacturers.
(b) If an emergency vehicle or any fire
fighting or emergency equipment permanently
installed in an emergency vehicle does not conform
to all applicable express warranties and (1) such
emergency vehicle or equipment is subject to a
safety-related recall campaign to correct such
nonconformity, or (2) such nonconformity is or
arises from a manufacturer's defect and the
department reports such nonconformity to the final
stage equipment manufacturer of such emergency
vehicle, or its agent or authorized dealer, during
the period of two years following the date of
original delivery of such emergency vehicle to the
department, such final stage equipment
manufacturer, or its agent or authorized dealer,
shall make such repairs as are necessary to
conform such emergency vehicle or equipment to
such express warranties or shall reimburse the
department for the cost of such repairs,
notwithstanding the fact that such repairs are
made after the expiration of such two-year period.
(c) The Commissioner of Consumer Protection
may adopt regulations, in accordance with chapter
54 of the general statutes, to carry out the
provisions of this section.
(d) Nothing in this section shall in any way
limit the rights or remedies which are otherwise
available to a department under any other law.
Sec. 2. Section 7-308 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) [The word] AS USED IN THIS SECTION,
"municipality" [, as used in this section,] shall
have the meaning ascribed to it by section 7-314,
AS AMENDED; [and the words] "fire duties" mean
those duties the performance of which is defined
in said section; "AMBULANCE SERVICE" MEANS
"AMBULANCE SERVICE" AS DEFINED IN SECTION 7-314b,
AS AMENDED; AND "VOLUNTEER AMBULANCE MEMBER" MEANS
"ACTIVE MEMBER OF AN ORGANIZATION CERTIFIED AS A
VOLUNTEER AMBULANCE SERVICE IN ACCORDANCE WITH
SECTION 19a-180" AS DEFINED IN SECTION 7-314b, AS
AMENDED.
(b) Each municipality of this state,
notwithstanding any inconsistent provisions of
law, general, special or local, or any limitation
contained in the provisions of any charter, shall
pay on behalf of any paid or volunteer fireman OR
VOLUNTEER AMBULANCE MEMBER of such municipality
all sums which such fireman OR VOLUNTEER AMBULANCE
MEMBER becomes obligated to pay by reason of
liability imposed upon such fireman OR VOLUNTEER
AMBULANCE MEMBER by law for damages to person or
property, if the fireman OR VOLUNTEER AMBULANCE
MEMBER, at the time of the occurrence, accident,
injury or damages complained of, was performing
fire OR VOLUNTEER AMBULANCE duties and if such
occurrence, accident, injury or damage was not the
result of any wilful or wanton act of such fireman
OR VOLUNTEER AMBULANCE MEMBER in the discharge of
such duties. This section shall not apply to
damages to person caused by an employee to a
fellow employee while both employees are engaged
in the scope of their employment for such
municipality if the employee suffering such
damages or, in the case of his death, his
dependent has a right to benefits or compensation
under chapter 568 by reason of such damages. If a
fireman or, in the case of his death, his
dependent has a right to benefits or compensation
under chapter 568 by reason of injury or death
caused by the negligence or wrong of a fellow
employee while both employees are engaged in the
scope of their employment for such municipality,
such fireman or, in the case of his death, his
dependent shall have no cause of action against
such fellow employee to recover damages for such
injury or death unless such wrong was wilful and
malicious. The municipality may arrange for and
maintain appropriate insurance or may elect to act
as a self-insurer to maintain such protection. No
action or proceeding instituted pursuant to the
provisions of this section shall be prosecuted or
maintained against the municipality or fireman
unless at least thirty days have elapsed since the
demand, claim or claims upon which such action or
special proceeding is founded were presented to
the clerk or corresponding officer of such
municipality. No action for personal injuries or
damages to real or personal property shall be
maintained against such municipality and fireman
unless such action is commenced within one year
after the cause of action therefor has arisen nor
unless notice of the intention to commence such
action and of the time when and the place where
the damages were incurred or sustained has been
filed with the clerk or corresponding officer of
such municipality and with the fireman within six
months after such cause of action has accrued. No
action for trespass shall lie against any fireman
crossing or working upon lands of another to
extinguish fire or for investigation thereof. NO
ACTION FOR TRESPASS SHALL LIE AGAINST ANY
VOLUNTEER AMBULANCE MEMBER CROSSING OR WORKING
UPON LANDS OF ANOTHER WHILE PERFORMING AMBULANCE
SERVICES. Governmental immunity shall not be a
defense in any action brought under this section.
In any such action the municipality and the
fireman, OR THE MUNICIPALITY AND THE VOLUNTEER
AMBULANCE MEMBER, may be represented by the same
attorney if the municipality, at the time such
attorney enters his appearance, files a statement
with the court, which shall not become part of the
pleadings or judgment file, that it will pay any
verdict rendered in such action against such
fireman OR VOLUNTEER AMBULANCE MEMBER. No mention
of any kind shall be made of such statement by any
counsel during the trial of such action.
Approved May 22, 1998