STATE OF NEW YORK ________________________________________________________________________ 1233 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. ABINANTI -- 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: 1 Section 1. Subdivision 4 of section 209-b of the general municipal 2 law, as amended by chapter 718 of the laws of 1958, is amended to read 3 as follows: 4 4. Fees and charges [prohibited] authorized. Emergency and general 5 ambulance service, including emergency medical service as defined in 6 section three thousand one of the public health law, authorized pursuant 7 to this section [shall] may be furnished without cost to the person 8 served; provided, however, that the Elmsford fire department is author- 9 ized to provide such service or services and may fix a schedule of fees 10 or charges to be paid by persons requesting such service or services. 11 The Elmsford fire department may provide for the collection of fees and 12 charges or may formulate rules and regulations for the collection there- 13 of by the fire department. The acceptance by any fireman of any 14 personal remuneration or gratuity, directly or indirectly, from a person 15 served shall be a ground for his expulsion or suspension as a member of 16 the fire department or fire company. 17 § 2. Paragraph (e) of subdivision 1 of section 122-b of the general 18 municipal law, as amended by chapter 303 of the laws of 1980, is amended 19 to read as follows: 20 (e) [No] A contract [shall] may be entered into pursuant to the 21 provisions of this section for the services of an emergency rescue and 22 first aid squad of a fire department or fire company which is subject to 23 the provisions of section two hundred nine-b of [the general municipal 24 law] this chapter; EXPLANATION--Matter in italics (underscored) is new; matter in brackets  is old law to be omitted. LBD03312-01-7
A. 1233 2 1 § 3. Subdivision 1 of section 184 of the town law, as amended by chap- 2 ter 599 of the laws of 1994, is amended to read as follows: 3 1. Whenever the town board shall have established or extended a fire 4 protection district pursuant to the provisions of this article, the town 5 board shall provide for the furnishing of fire protection within the 6 district and for that purpose may (a) contract with any city, village, 7 fire district or incorporated fire company maintaining adequate and 8 suitable apparatus and appliances for the furnishing of fire protection 9 in such district or (b) may acquire by gift or purchase such apparatus 10 and appliances for use in such district and may contract with any city, 11 village, fire district or incorporated fire company for operation, main- 12 tenance, and repair of the same and for the furnishing of fire 13 protection in such district, or both. The contract may also provide for 14 the furnishing of (1) emergency service in case of accidents, calamities 15 or other emergencies in connection with which the services of firefight- 16 ers would be required and (2) general ambulance service subject, howev- 17 er, to the provisions of section two hundred nine-b of the general 18 municipal law. In the event that the fire department or fire company 19 furnishing fire protection within the district pursuant to contract does 20 not maintain and operate an ambulance then a separate contract may be 21 made for the furnishing within the district of emergency ambulance 22 service or general ambulance service, or both, with any city, village or 23 fire district the fire department of which, or with an incorporated fire 24 company having its headquarters outside the district which, maintains 25 and operates an ambulance subject, however, in the case of general ambu- 26 lance service, to the provisions of section two hundred nine-b of the 27 general municipal law, or with an ambulance service, certified or regis- 28 tered pursuant to article thirty of the public health law[, which is not 29 organized under the provisions of section two hundred nine-b of the 30 general municipal law]. Any such contract with any such ambulance 31 service permitted herein shall be subject to the provisions of this 32 section. 33 § 4. This act shall take effect on the ninetieth day after it shall 34 have become a law.