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A00901 Summary:

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A00901 Floor Votes:

A00901 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         901--A
                                                                 Cal. No. 85
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by M. of A. DelMONTE, GORDON, CALHOUN, JAFFEE -- Multi-Spon-
          sored by -- M.  of A. DESTITO, GUNTHER, HOOPER, JOHN,  KOON,  LATIMER,
          LIFTON,  MAGEE,  MAGNARELLI,  McENENY,  PAULIN, PEOPLES-STOKES, PERRY,

          PHEFFER, RAMOS, REILLY, J. RIVERA, SWEENEY, TOWNS, WEISENBERG --  read
          once  and  referred  to the Committee on Local Governments -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading
 
        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:
 
     1    Section 1. The first undesignated paragraph of section 177 of the town
     2  law, as amended by chapter 140 of the laws of 1996, is amended  to  read
     3  as follows:
     4    The  fire  district  treasurer shall be the fiscal officer of the fire
     5  district and shall receive and have the custody  of  the  funds  of  the

     6  district  and shall disburse the same for the purposes herein authorized
     7  when so ordered by resolution of the board of fire commissioners, except
     8  that no such resolution of the board  of  fire  commissioners  shall  be
     9  required for the payment of fixed salaries, compensation for services of
    10  officers  or  employees regularly engaged by the fire district at agreed
    11  wages by the hour, day, week, month or year unless so required by resol-
    12  ution of the board of fire commissioners  adopted  at  the  organization
    13  meeting  in  the month of January, the principal of or interest on obli-
    14  gations issued by the fire  district,  fixed  amounts  becoming  due  on
    15  lawful  contracts  for  the  purchase  of water for fire protection, and
    16  amounts which the fire district may be required to pay to the state  and
    17  local  employees' retirement system on account of contributions for past

    18  and current services of firemen. All such disbursements shall be made by
    19  check payable to the order of the person or  persons  entitled  thereto.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00862-03-0
        A. 901--A                           2
 
     1  The  fire  district  treasurer  shall also be responsible for filing any
     2  paperwork necessary to obtain permits or  secure  any  refunds  provided
     3  pursuant to section three hundred seventy-eight-a of the public authori-
     4  ties  law. The board of fire commissioners shall designate in the manner
     5  provided by section ten of the general municipal law the depositaries in

     6  which the fire district treasurer shall, within ten  days,  deposit  and
     7  secure all moneys coming into his hands by virtue of his office.
     8    §  2.  The  public  authorities law is amended by adding a new section
     9  378-a to read as follows:
    10    § 378-a. Emergency service permits. 1. The authority is hereby author-
    11  ized and directed to issue refunds for tolls incurred by  ambulances  or
    12  fire  vehicles  engaged  in an emergency operation, or, at the option of
    13  the authority, to issue emergency services permits for use by ambulances
    14  and fire vehicles which shall provide for travel at  no  charge  between
    15  interchanges and barriers while such vehicles are engaged in an emergen-
    16  cy  operation.  For purposes of this section, the term "ambulance" shall

    17  have the same meaning as such term is defined by section  one  hundred-b
    18  of  the  vehicle and traffic law, the term "fire vehicle" shall have the
    19  same meaning as such term is defined by section one hundred fifteen-a of
    20  the vehicle and traffic law, and the term  "emergency  operation"  shall
    21  have  the  same  meaning  as such term is defined by section one hundred
    22  fourteen-b of the vehicle and traffic law. In any rules and  regulations
    23  promulgated  for  the  implementation of this section, the authority may
    24  establish the type of documentation or other proof satisfactory  to  the
    25  authority  that an ambulance or fire vehicle was engaged in an emergency
    26  operation at the time a toll was incurred.

    27    2. If, upon the completion of an audit conducted by a certified public
    28  accountant selected by the authority, the authority can demonstrate that
    29  the issuance of refunds or permits as authorized in subdivision  one  of
    30  this  section causes a significant loss of revenue to the authority, the
    31  authority is authorized, pursuant to a resolution of the board, to offer
    32  such refunds or permits at  a  discount  of  the  cash  cost  per  mile;
    33  provided,  however,  that, prior to such board resolution, the authority
    34  shall hold at least two public hearings, at a time  and  location  which
    35  will,  to  the  extent  practicable,  maximize  the participation of the
    36  general public.
    37    § 3. This act shall take effect June 1, 2012; provided that  effective

    38  immediately  the amendment, addition, and/or repeal of any rule or regu-
    39  lation necessary for the timely implementation of this act on its effec-
    40  tive date is authorized and directed to be made on or before such effec-
    41  tive date.