Bill S335-2011

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

Provides that a fire department located in a city with a population of one million or more shall obtain state approval from the office of fire prevention and control for fees charged for responding to motor vehicle fires and accidents.

Details

Actions

  • Jan 4, 2012: REFERRED TO FINANCE
  • Jan 5, 2011: REFERRED TO FINANCE

Memo

BILL NUMBER:S335

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: None.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 335 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
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.

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