Relates to travel by firefighters and ambulance workers; provides emergency service permits for interchanges and barriers while emergency operation is taking place.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
Ayes (32): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
BILL NUMBER: S2831A
TITLE OF BILL : An act to amend the town law and the public authorities law, in relation to travel by firefighters and ambulance workers
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to provide emergency vehicles with free access to the Thruway.
SUMMARY OF SPECIFIC PROVISIONS : Section one would designate the fire district treasurer with the responsibility of obtaining Thruway permits, or providing the documentation necessary to secure a refund.
Section two would direct the authority to either issue refunds for tolls incurred by ambulance or fire vehicles engaged in an emergency or establish a permit system for such vehicles. If an audit determines that such refunds or permits cause a significant loss of revenue to the authority, the authority is authorized to offer refunds or permits at a discount of the cash cost per mile.
Section three establishes the effective date.
JUSTIFICATION : In times of emergency, every second counts. In some areas of the State, the Thruway provides the fastest and most direct access to emergency scenes. This legislation is intended to provide ambulances and fire trucks with fast and free Thruway access, while at the same time preserving the regulatory flexibility of the Thruway Authority.
The Authority would be permitted to determine the method by which the free access could be provided, either by refund or by permit, and if an audit determines that free access is too costly, a remedy is provided.
PRIOR LEGISLATIVE HISTORY : 2005/2006: A.1994A Passed Assembly 2003/2004: A.11202 Passed Assembly
FISCAL IMPLICATIONS : None to the State.
EFFECTIVE DATE : This act shall take effect on June 1, 2012; provided that effective immediately the amendment, addition and/or repeal of any rule or regulation necessary for the timely implementation of this act on its effective date is authorized and directed to be made on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 2831--A 2009-2010 Regular Sessions IN SENATE March 4, 2009 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law and the public authorities law, in relation to travel by firefighters and ambulance workers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The first undesignated paragraph of section 177 of the town law, as amended by chapter 140 of the laws of 1996, is amended to read as follows: The fire district treasurer shall be the fiscal officer of the fire district and shall receive and have the custody of the funds of the district and shall disburse the same for the purposes herein authorized when so ordered by resolution of the board of fire commissioners, except that no such resolution of the board of fire commissioners shall be required for the payment of fixed salaries, compensation for services of officers or employees regularly engaged by the fire district at agreed wages by the hour, day, week, month or year unless so required by resol- ution of the board of fire commissioners adopted at the organization meeting in the month of January, the principal of or interest on obli- gations issued by the fire district, fixed amounts becoming due on lawful contracts for the purchase of water for fire protection, and amounts which the fire district may be required to pay to the state and local employees' retirement system on account of contributions for past and current services of firemen. All such disbursements shall be made by check payable to the order of the person or persons entitled thereto. THE FIRE DISTRICT TREASURER SHALL ALSO BE RESPONSIBLE FOR FILING ANY PAPERWORK NECESSARY TO OBTAIN PERMITS OR SECURE ANY REFUNDS PROVIDED PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THE PUBLIC AUTHORI-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00862-02-0 S. 2831--A 2
TIES LAW. The board of fire commissioners shall designate in the manner provided by section ten of the general municipal law the depositaries in which the fire district treasurer shall, within ten days, deposit and secure all moneys coming into his hands by virtue of his office. S 2. The public authorities law is amended by adding a new section 378-a to read as follows: S 378-A. EMERGENCY SERVICE PERMITS. 1. THE AUTHORITY IS HEREBY AUTHOR- IZED AND DIRECTED TO ISSUE REFUNDS FOR TOLLS INCURRED BY AMBULANCES OR FIRE VEHICLES ENGAGED IN AN EMERGENCY OPERATION, OR, AT THE OPTION OF THE AUTHORITY, TO ISSUE EMERGENCY SERVICES PERMITS FOR USE BY AMBULANCES AND FIRE VEHICLES WHICH SHALL PROVIDE FOR TRAVEL AT NO CHARGE BETWEEN INTERCHANGES AND BARRIERS WHILE SUCH VEHICLES ARE ENGAGED IN AN EMERGEN- CY OPERATION. FOR PURPOSES OF THIS SECTION, THE TERM "AMBULANCE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED-B OF THE VEHICLE AND TRAFFIC LAW, THE TERM "FIRE VEHICLE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW, AND THE TERM "EMERGENCY OPERATION" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED FOURTEEN-B OF THE VEHICLE AND TRAFFIC LAW. IN ANY RULES AND REGULATIONS PROMULGATED FOR THE IMPLEMENTATION OF THIS SECTION, THE AUTHORITY MAY ESTABLISH THE TYPE OF DOCUMENTATION OR OTHER PROOF SATISFACTORY TO THE AUTHORITY THAT AN AMBULANCE OR FIRE VEHICLE WAS ENGAGED IN AN EMERGENCY OPERATION AT THE TIME A TOLL WAS INCURRED. 2. IF, UPON THE COMPLETION OF AN AUDIT CONDUCTED BY A CERTIFIED PUBLIC ACCOUNTANT SELECTED BY THE AUTHORITY, THE AUTHORITY CAN DEMONSTRATE THAT THE ISSUANCE OF REFUNDS OR PERMITS AS AUTHORIZED IN SUBDIVISION ONE OF THIS SECTION CAUSES A SIGNIFICANT LOSS OF REVENUE TO THE AUTHORITY, THE AUTHORITY IS AUTHORIZED, PURSUANT TO A RESOLUTION OF THE BOARD, TO OFFER SUCH REFUNDS OR PERMITS AT A DISCOUNT OF THE CASH COST PER MILE; PROVIDED, HOWEVER, THAT, PRIOR TO SUCH BOARD RESOLUTION, THE AUTHORITY SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, AT A TIME AND LOCATION WHICH WILL, TO THE EXTENT PRACTICABLE, MAXIMIZE THE PARTICIPATION OF THE GENERAL PUBLIC. S 3. This act shall take effect June 1, 2012; provided that effective immediately the amendment, addition, and/or repeal of any rule or regu- lation necessary for the timely implementation of this act on its effec- tive date is authorized and directed to be made on or before such effec- tive date.