Bill Text: NY S03262 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that authorities having control of a fire department or fire company which provide emergency medical services may establish fees and charges for services.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S03262 Detail]

Download: New_York-2013-S03262-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3262                                                  A. 4113
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 31, 2013
                                      ___________
       IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN ASSEMBLY -- Introduced by M. of A. BRINDISI -- read once and referred
         to the Committee on Local Governments
       AN ACT to amend the general municipal law and the town law, in  relation
         to authorizing fees and charges for emergency medical services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 4 of section 209-b of  the  general  municipal
    2  law,  as  amended by chapter 718 of the laws of 1958, is amended to read
    3  as follows:
    4    4. Fees and charges [prohibited] AUTHORIZED.   Emergency  and  general
    5  ambulance  service,  INCLUDING  EMERGENCY  MEDICAL SERVICE AS DEFINED IN
    6  SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
    7  to this section [shall] MAY be furnished  without  cost  to  the  person
    8  served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
    9  DEPARTMENT  OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR
   10  FIRE COMPANY TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A  SCHEDULE  OF
   11  FEES  OR  CHARGES  TO  BE  PAID  BY  PERSONS  REQUESTING SUCH SERVICE OR
   12  SERVICES. THE AUTHORITIES HAVING CONTROL OF A FIRE  DEPARTMENT  OR  FIRE
   13  COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU-
   14  LATE  RULES  AND  REGULATIONS  FOR  THE  COLLECTION  THEREOF BY THE FIRE
   15  DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED  PURSU-
   16  ANT  TO  THIS  SUBDIVISION,  THE  FEES  AND  CHARGES  COLLECTED SHALL BE
   17  DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
   18  AUTHORITY HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE  COMPANY  AND  THE
   19  FIRE  DEPARTMENT  OR FIRE COMPANY ITSELF.  The acceptance by any fireman
   20  of any personal remuneration or gratuity, directly or indirectly, from a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02803-01-3
       S. 3262                             2                            A. 4113
    1  person served shall be a ground for his expulsion  or  suspension  as  a
    2  member of the fire department or fire company.
    3    S  2.  Paragraph  (e) of subdivision 1 of section 122-b of the general
    4  municipal law, as amended by chapter 303 of the laws of 1980, is amended
    5  to read as follows:
    6    (e) [No] A contract [shall]  MAY  be  entered  into  pursuant  to  the
    7  provisions  of  this section for the services of an emergency rescue and
    8  first aid squad of a fire department or fire company which is subject to
    9  the provisions of section two hundred nine-b of  the  general  municipal
   10  law;
   11    S 3. Subdivision 1 of section 184 of the town law, as amended by chap-
   12  ter 599 of the laws of 1994, is amended to read as follows:
   13    1.  Whenever  the town board shall have established or extended a fire
   14  protection district pursuant to the provisions of this article, the town
   15  board shall provide for the furnishing of  fire  protection  within  the
   16  district  and  for that purpose may (a) contract with any city, village,
   17  fire district or incorporated  fire  company  maintaining  adequate  and
   18  suitable  apparatus and appliances for the furnishing of fire protection
   19  in such district or (b) may acquire by gift or purchase  such  apparatus
   20  and  appliances for use in such district and may contract with any city,
   21  village, fire district or incorporated fire company for operation, main-
   22  tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
   23  protection  in such district, or both. The contract may also provide for
   24  the furnishing of (1) emergency service in case of accidents, calamities
   25  or other emergencies in connection with which the services of firefight-
   26  ers would be required and (2) general ambulance service subject,  howev-
   27  er,  to  the  provisions  of  section  two hundred nine-b of the general
   28  municipal law. In the event that the fire  department  or  fire  company
   29  furnishing fire protection within the district pursuant to contract does
   30  not  maintain  and  operate an ambulance then a separate contract may be
   31  made for the furnishing  within  the  district  of  emergency  ambulance
   32  service or general ambulance service, or both, with any city, village or
   33  fire district the fire department of which, or with an incorporated fire
   34  company  having  its  headquarters outside the district which, maintains
   35  and operates an ambulance subject, however, in the case of general ambu-
   36  lance service, to the provisions of section two hundred  nine-b  of  the
   37  general municipal law, or with an ambulance service, certified or regis-
   38  tered pursuant to article thirty of the public health law[, which is not
   39  organized  under  the  provisions  of  section two hundred nine-b of the
   40  general municipal law].  Any  such  contract  with  any  such  ambulance
   41  service  permitted  herein  shall  be  subject to the provisions of this
   42  section.
   43    S 4. This act shall take effect on the ninetieth day  after  it  shall
   44  have become a law.
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