S T A T E   O F   N E W   Y O R K
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                                 901--A
                                                         Cal. No. 85

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DelMONTE, GORDON, CALHOUN, JAFFEE -- Multi-Spon-
  sored by -- M.  of A. DESTITO, GUNTHER, HOOPER, JOHN,  KOON,  LATIMER,
  LIFTON,  MAGEE,  MAGNARELLI,  McENENY,  PAULIN, PEOPLES-STOKES, PERRY,
  PHEFFER, RAMOS, REILLY, J. RIVERA, SWEENEY, TOWNS, WEISENBERG --  read
  once  and  referred  to the Committee on Local Governments -- reported
  from committee, advanced to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the town law and the public authorities law, in relation
  to travel by firefighters and ambulance workers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The first undesignated paragraph of section 177 of the town
law, as amended by chapter 140 of the laws of 1996, is amended  to  read
as follows:
  The  fire  district  treasurer shall be the fiscal officer of the fire
district and shall receive and have the custody  of  the  funds  of  the
district  and shall disburse the same for the purposes herein authorized
when so ordered by resolution of the board of fire commissioners, except
that no such resolution of the board  of  fire  commissioners  shall  be
required for the payment of fixed salaries, compensation for services of
officers  or  employees regularly engaged by the fire district at agreed
wages by the hour, day, week, month or year unless so required by resol-
ution of the board of fire commissioners  adopted  at  the  organization
meeting  in  the month of January, the principal of or interest on obli-
gations issued by the fire  district,  fixed  amounts  becoming  due  on
lawful  contracts  for  the  purchase  of water for fire protection, and
amounts which the fire district may be required to pay to the state  and
local  employees' retirement system on account of contributions for past
and current services of firemen. All such disbursements shall be made by
check payable to the order of the person or  persons  entitled  thereto.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00862-03-0

A. 901--A                           2

THE  FIRE  DISTRICT  TREASURER  SHALL ALSO BE RESPONSIBLE FOR FILING ANY
PAPERWORK NECESSARY TO OBTAIN PERMITS OR  SECURE  ANY  REFUNDS  PROVIDED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THE PUBLIC AUTHORI-
TIES  LAW. The board of fire commissioners shall designate in the manner
provided by section ten of the general municipal law the depositaries in
which the fire district treasurer shall, within ten  days,  deposit  and
secure all moneys coming into his hands by virtue of his office.
  S  2.  The  public  authorities law is amended by adding a new section
378-a to read as follows:
  S 378-A. EMERGENCY SERVICE PERMITS. 1. THE AUTHORITY IS HEREBY AUTHOR-
IZED AND DIRECTED TO ISSUE REFUNDS FOR TOLLS INCURRED BY  AMBULANCES  OR
FIRE  VEHICLES  ENGAGED  IN AN EMERGENCY OPERATION, OR, AT THE OPTION OF
THE AUTHORITY, TO ISSUE EMERGENCY SERVICES PERMITS FOR USE BY AMBULANCES
AND FIRE VEHICLES WHICH SHALL PROVIDE FOR TRAVEL AT  NO  CHARGE  BETWEEN
INTERCHANGES AND BARRIERS WHILE SUCH VEHICLES ARE ENGAGED IN AN EMERGEN-
CY  OPERATION.  FOR PURPOSES OF THIS SECTION, THE TERM "AMBULANCE" SHALL
HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SECTION  ONE  HUNDRED-B
OF  THE  VEHICLE AND TRAFFIC LAW, THE TERM "FIRE VEHICLE" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED FIFTEEN-A OF
THE VEHICLE AND TRAFFIC LAW, AND THE TERM  "EMERGENCY  OPERATION"  SHALL
HAVE  THE  SAME  MEANING  AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED
FOURTEEN-B OF THE VEHICLE AND TRAFFIC LAW. IN ANY RULES AND  REGULATIONS
PROMULGATED  FOR  THE  IMPLEMENTATION OF THIS SECTION, THE AUTHORITY MAY
ESTABLISH THE TYPE OF DOCUMENTATION OR OTHER PROOF SATISFACTORY  TO  THE
AUTHORITY  THAT AN AMBULANCE OR FIRE VEHICLE WAS ENGAGED IN AN EMERGENCY
OPERATION AT THE TIME A TOLL WAS INCURRED.
  2. IF, UPON THE COMPLETION OF AN AUDIT CONDUCTED BY A CERTIFIED PUBLIC
ACCOUNTANT SELECTED BY THE AUTHORITY, THE AUTHORITY CAN DEMONSTRATE THAT
THE ISSUANCE OF REFUNDS OR PERMITS AS AUTHORIZED IN SUBDIVISION  ONE  OF
THIS  SECTION CAUSES A SIGNIFICANT LOSS OF REVENUE TO THE AUTHORITY, THE
AUTHORITY IS AUTHORIZED, PURSUANT TO A RESOLUTION OF THE BOARD, TO OFFER
SUCH REFUNDS OR PERMITS AT  A  DISCOUNT  OF  THE  CASH  COST  PER  MILE;
PROVIDED,  HOWEVER,  THAT, PRIOR TO SUCH BOARD RESOLUTION, THE AUTHORITY
SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, AT A TIME  AND  LOCATION  WHICH
WILL,  TO  THE  EXTENT  PRACTICABLE,  MAXIMIZE  THE PARTICIPATION OF THE
GENERAL PUBLIC.
  S 3. This act shall take effect June 1, 2012; provided that  effective
immediately  the amendment, addition, and/or repeal of any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date is authorized and directed to be made on or before such effec-
tive date.