The New York State Senate

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

                                  3721

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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.