The New York State Senate

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

                                  3100

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2017
                               ___________

Introduced  by  M.  of  A.  BRINDISI, STIRPE, CURRAN, GOODELL, DiPIETRO,
  JEAN-PIERRE, LAWRENCE, BUCHWALD, JAFFEE, WOERNER, ABINANTI  --  Multi-
  Sponsored  by  -- M. of A. LOPEZ, LUPINACCI, McDONALD, McDONOUGH, STEC
  -- read once and referred to the Committee 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00334-01-7

A. 3100                             2

  §  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:
  (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;
  § 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.
  §  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.