S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1233
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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 ELMSFORD FIRE DEPARTMENT IS  AUTHOR-
 IZED  TO PROVIDE SUCH SERVICE OR SERVICES AND MAY FIX A SCHEDULE OF FEES
 OR CHARGES TO BE PAID BY PERSONS REQUESTING SUCH  SERVICE  OR  SERVICES.
 THE  ELMSFORD FIRE DEPARTMENT MAY PROVIDE FOR THE COLLECTION OF FEES AND
 CHARGES OR MAY FORMULATE RULES AND REGULATIONS FOR THE COLLECTION THERE-
 OF BY THE FIRE DEPARTMENT.    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.
   § 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:
   (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] THIS CHAPTER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03312-01-7
              

 A. 1233                             2
 
   § 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.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.