S T A T E O F N E W Y O R K
________________________________________________________________________
7055
2011-2012 Regular Sessions
I N A S S E M B L Y
April 11, 2011
___________
Introduced by M. of A. J. MILLER, McDONOUGH -- Multi-Sponsored by -- M.
of A. CASTRO -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, the education law and the tax
law, in relation to supporting the operation of fire districts provid-
ing emergency medical services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 209-b of the general municipal
law, as amended by chapter 718 of the laws of 1958, is amended to read
as follows:
4. Fees and charges [prohibited] AUTHORIZED. Emergency and general
ambulance service, INCLUDING EMERGENCY MEDICAL SERVICE, authorized
pursuant to this section [shall] MAY be furnished without cost to the
person served; PROVIDED, HOWEVER, THE AUTHORITIES HAVING CONTROL OF A
FIRE DEPARTMENT OR FIRE COMPANY, EXCEPT IN CITIES OF ONE MILLION OR
MORE, WHO HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR FIRE COMPANY TO
PROVIDE SUCH SERVICE OR SERVICES, MAY ESTABLISH FEES AND CHARGES FOR
SERVICES RENDERED. SUCH AUTHORITIES MAY FORMULATE RULES AND REGULATIONS
FOR THE COLLECTION OF SUCH FEES AND CHARGES. The acceptance by any
fireman of any personal remuneration or gratuity, directly or indirect-
ly, from a person served shall be a ground for [his] expulsion or
suspension as a member of the fire department or fire company.
S 2. The opening paragraph of paragraph h of subdivision 2 of section
355 of the education law, as separately amended by chapters 552 and 616
of the laws of 1985, is amended to read as follows:
To regulate the admission of students, prescribe the qualifications
for their continued attendance, regulate tuition charges where no
provision is otherwise made therefor by law, and regulate other fees and
charges, curricula and all other matters pertaining to the operation and
administration of each state-operated institution in the state universi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08212-01-1
A. 7055 2
ty. FOR THE PURPOSES OF CAMPUS PUBLIC SAFETY AND THE EFFECTIVE ADMINIS-
TRATION OF EMERGENCY MEDICAL SERVICES, THE TRUSTEES ARE REQUIRED TO
IMPOSE A PER-RESIDENT STUDENT FEE OF NO LESS THAN FIFTY DOLLARS, TO BE
COLLECTED BY THE STATE OPERATED CAMPUSES AND RETAINED IN A SPECIAL
REVENUE ACCOUNT TO BE ESTABLISHED BY THE OFFICE OF THE STATE COMP-
TROLLER. THE STATE UNIVERSITY MAY RETAIN ONE AND ONE-HALF PERCENT OF
SUCH FEE REVENUE FOR THE PURPOSES OF FUNDING ANY ADMINISTRATIVE COSTS
ASSOCIATED WITH THE COLLECTION OF THE CAMPUS SAFETY FEE. PURSUANT TO
SUBDIVISION FOUR OF SECTION TWO HUNDRED NINE-B OF THE GENERAL MUNICIPAL
LAW, FIRE DEPARTMENTS OR FIRE COMPANIES WHICH PROVIDE EMERGENCY MEDICAL
SERVICES TO RESIDENT STUDENTS OF THE STATE UNIVERSITY MAY SUBMIT
REQUESTS FOR REIMBURSEMENT FOR SERVICES RENDERED TO SUCH STUDENTS ON
FORMS TO BE PRESCRIBED BY THE STATE COMPTROLLER.
S 3. Subdivision (a) of section 1262 of the tax law, as added by chap-
ter 93 of the laws of 1965, is amended to read as follows:
(a) Except as otherwise provided in this article, the local law, ordi-
nance or resolution imposing any county tax pursuant to this article may
set aside for county purposes or educational purposes all or any portion
of the net collections therefrom. NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY, EACH COUNTY SHALL SET ASIDE NO LESS THAN
ONE-TENTH OF ONE PERCENT OF ALL SALES TAX REVENUE, AS AUTHORIZED BY THIS
ARTICLE, TO SUPPORT THE FINANCING OF FIRE DISTRICTS AND DEPARTMENTS
WITHIN SUCH COUNTIES THAT PROVIDE EMERGENCY MEDICAL SERVICES TO ITS
RESIDENTS. SUCH DISTRIBUTION OF FUNDS SHALL BE ALLOCATED PURSUANT TO A
PLAN TO BE DEVELOPED AND PASSED BY RESOLUTION OF THE GOVERNING BODY OF
SUCH COUNTIES, BASED IN PART BY WHAT PERCENTAGE OF REAL PROPERTY WITHIN
SUCH FIRE DISTRICTS IS EXEMPT FROM REAL PROPERTY TAXATION UNDER SECTIONS
FOUR HUNDRED TWENTY-A AND FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX
LAW. In the event all or a portion of the net collections are so set
aside for educational purposes, the amounts thereof shall be distributed
and paid quarterly to the several school districts in the county in
accordance with the total average daily attendance for the last preced-
ing school year of pupils residing in each such district (without regard
to the location of the school attended), provided, however, that in the
case of school districts which are partially within and partially with-
out the county, such county shall make a distribution to each such
school district in accordance with the total average daily attendance of
the pupils in such school district who reside in such county and in any
such case, the amount to be raised by school taxes by the district from
the portion of such district within such county shall be reduced by the
amount so distributed.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.