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