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

                                  10427

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  J. MILLER  --  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-
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

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

                                                           LBD16273-01-0

A. 10427                            2

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.