senate Bill S312

2013-2014 Legislative Session

Provides that a fire department located in N.Y. city shall obtain state approval for fees charged for responding to accidents

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2013 referred to finance

S312 - Bill Details

See Assembly Version of this Bill:
A863
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §159-d, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S335, A3981

S312 - Bill Texts

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Provides that a fire department located in a city with a population of one million or more shall obtain state approval from the office of fire prevention and control for fees charged for responding to motor vehicle fires and accidents.

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BILL NUMBER:S312

TITLE OF BILL:
An act
to amend the executive law, in relation to fees charged by certain fire
departments for motor vehicle fires and accidents

PURPOSE OR GENERAL IDEA OF BILL:
Provides that a fire department located in a city with a population of
one million or more shall obtain state approval for fees charged for
responding to accidents.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The executive law is amended by adding a new section 159-d
to read as follows: § 159-d. Approval for fees. Notwithstanding any
other provision of law, no fire department located in a city with a
population of one million or more shall charge a fee for services
provided in response to a motor vehicle fire or motor vehicle
accident unless such fire department obtains approval from the office
of fire prevention and control to charge such fee. Such approval
shall be obtained by application to such office in a manner and form
prescribed such office.

JUSTIFICATION:
The FDNY has announced its intention to impose a fee on individuals
involved in auto accidents. Under the plan, a car fire WITH personal
injury will cost $490, a car fire WITHOUT personal injury will cost
$415, an accident WITH injury will cost $490, and an accident
WITHOUT injury will cost $365. This so-called 'accident tax' is
unconscionable; if the FDNY responds, you will be charged, even when
the accident is NOT YOUR FAULT! New York City must not attempt to
balance the budget on the backs of middle class New Yorkers who have
the misfortune to be involved in a vehicular accident This
legislation will require approval by the State legislature prior to
the imposition of any 'accident tax' fees on New York State residents.

PRIOR LEGISLATIVE HISTORY:
S.335 2011-2012 same as A.3981 Weprin

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   312

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive  law,  in  relation  to  fees  charged  by
  certain fire departments for motor vehicle fires and accidents

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

  Section 1. The executive law is amended by adding a new section  159-d
to read as follows:
  S  159-D.  APPROVAL  FOR  FEES. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, NO FIRE DEPARTMENT LOCATED IN A  CITY  WITH  A  POPULATION  OF  ONE
MILLION  OR MORE SHALL CHARGE A FEE FOR SERVICES PROVIDED IN RESPONSE TO
A MOTOR VEHICLE FIRE OR MOTOR VEHICLE ACCIDENT UNLESS SUCH FIRE  DEPART-
MENT  OBTAINS APPROVAL FROM THE OFFICE OF FIRE PREVENTION AND CONTROL TO
CHARGE SUCH FEE. SUCH APPROVAL SHALL BE OBTAINED BY APPLICATION TO  SUCH
OFFICE IN A MANNER AND FORM PRESCRIBED BY SUCH OFFICE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03811-01-3

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