S312-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S312-2013 Memo

BILL NUMBER:S312

TITLE OF BILL:
An act
to amend the executive law, in relation to fees charged by certain fire
departments for motor vehicle fires and accidents

PURPOSE OR GENERAL IDEA OF BILL:
Provides that a fire department located in a city with a population of
one million or more shall obtain state approval for fees charged for
responding to accidents.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The executive law is amended by adding a new section 159-d
to read as follows: � 159-d. Approval for fees. Notwithstanding any
other provision of law, no fire department located in a city with a
population of one million or more shall charge a fee for services
provided in response to a motor vehicle fire or motor vehicle
accident unless such fire department obtains approval from the office
of fire prevention and control to charge such fee. Such approval
shall be obtained by application to such office in a manner and form
prescribed such office.

JUSTIFICATION:
The FDNY has announced its intention to impose a fee on individuals
involved in auto accidents. Under the plan, a car fire WITH personal
injury will cost $490, a car fire WITHOUT personal injury will cost
$415, an accident WITH injury will cost $490, and an accident
WITHOUT injury will cost $365. This so-called 'accident tax' is
unconscionable; if the FDNY responds, you will be charged, even when
the accident is NOT YOUR FAULT! New York City must not attempt to
balance the budget on the backs of middle class New Yorkers who have
the misfortune to be involved in a vehicular accident This
legislation will require approval by the State legislature prior to
the imposition of any 'accident tax' fees on New York State residents.

PRIOR LEGISLATIVE HISTORY:
S.335 2011-2012 same as A.3981 Weprin

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.

S312-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          312
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the executive  law,  in  relation  to  fees  charged  by
 certain fire departments for motor vehicle fires and accidents
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The executive law is amended by adding a new section  159-d
 to read as follows:

 

S  159-D.  APPROVAL  FOR  FEES. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, NO FIRE DEPARTMENT LOCATED IN A  CITY  WITH  A  POPULATION  OF  ONE
 MILLION  OR MORE SHALL CHARGE A FEE FOR SERVICES PROVIDED IN RESPONSE TO
 A MOTOR VEHICLE FIRE OR MOTOR VEHICLE ACCIDENT UNLESS SUCH FIRE  DEPART
 MENT  OBTAINS APPROVAL FROM THE OFFICE OF FIRE PREVENTION AND CONTROL TO
 CHARGE SUCH FEE. SUCH APPROVAL SHALL BE OBTAINED BY APPLICATION TO  SUCH
 OFFICE IN A MANNER AND FORM PRESCRIBED BY SUCH OFFICE.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date  is  authorized
 to be made and completed on or before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03811-01-3

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