S T A T E   O F   N E W   Y O R K
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                                  7291

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2011
                               ___________

Introduced  by  M.  of  A.  CANESTRARI  -- 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.
  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.
                                                           LBD05811-02-1
              

A. 7291                             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;
  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.