S T A T E O F N E W Y O R K
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3721
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee 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:
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 AS DEFINED IN
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
to this section [shall] MAY be furnished without cost to the person
served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
DEPARTMENT OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR
FIRE COMPANY TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A SCHEDULE OF
FEES OR CHARGES TO BE PAID BY PERSONS REQUESTING SUCH SERVICE OR
SERVICES. THE AUTHORITIES HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE
COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU-
LATE RULES AND REGULATIONS FOR THE COLLECTION THEREOF BY THE FIRE
DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED PURSU-
ANT TO THIS SUBDIVISION, THE FEES AND CHARGES COLLECTED SHALL BE
DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
AUTHORITY HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE COMPANY AND THE
FIRE DEPARTMENT OR FIRE COMPANY ITSELF. The acceptance by any fireman
of any personal remuneration or gratuity, directly or indirectly, 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. Paragraph (e) of subdivision 1 of section 122-b of the general
municipal law, as amended by chapter 303 of the laws of 1980, is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06267-01-5
A. 3721 2
(e) [No] A contract [shall] MAY be entered into pursuant to the
provisions of this section for the services of an emergency rescue and
first aid squad of a fire department or fire company which is subject to
the provisions of section two hundred nine-b of [the general municipal
law] THIS CHAPTER;
S 3. Subdivision 1 of section 184 of the town law, as amended by chap-
ter 599 of the laws of 1994, is amended to read as follows:
1. Whenever the town board shall have established or extended a fire
protection district pursuant to the provisions of this article, the town
board shall provide for the furnishing of fire protection within the
district and for that purpose may (a) contract with any city, village,
fire district or incorporated fire company maintaining adequate and
suitable apparatus and appliances for the furnishing of fire protection
in such district or (b) may acquire by gift or purchase such apparatus
and appliances for use in such district and may contract with any city,
village, fire district or incorporated fire company for operation, main-
tenance, and repair of the same and for the furnishing of fire
protection in such district, or both. The contract may also provide for
the furnishing of (1) emergency service in case of accidents, calamities
or other emergencies in connection with which the services of firefight-
ers would be required and (2) general ambulance service subject, howev-
er, to the provisions of section two hundred nine-b of the general
municipal law. In the event that the fire department or fire company
furnishing fire protection within the district pursuant to contract does
not maintain and operate an ambulance then a separate contract may be
made for the furnishing within the district of emergency ambulance
service or general ambulance service, or both, with any city, village or
fire district the fire department of which, or with an incorporated fire
company having its headquarters outside the district which, maintains
and operates an ambulance subject, however, in the case of general ambu-
lance service, to the provisions of section two hundred nine-b of the
general municipal law, or with an ambulance service, certified or regis-
tered pursuant to article thirty of the public health law[, which is not
organized under the provisions of section two hundred nine-b of the
general municipal law]. Any such contract with any such ambulance
service permitted herein shall be subject to the provisions of this
section.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.