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![handle is hein.nyscompop/nyscomo2004 and id is 1 raw text is: Opinion 2004-1
Opinion 2004 - 1
This opinion represents the views of the Office of the State Comptroller at the
time it was rendered. The opinion may no longer represent those views if, among
other things, there have been subsequent court cases or statutory amendments
that bear on the issues discussed in the opinion.
AMBULANCE SERVICE -- Fees (imposition of for services of emergency rescue and
first aid squad)
FIRE DISTRICTS -- Ambulance Services (imposition of fees for services of an
emergency rescue and first aid squad)
GENERAL MUNICIPAL LAW §209-b; TOWN LAW §176: A fire district may not impose
fees for emergency rescue services provided by an emergency rescue and first aid
squad of the fire district fire department, irrespective of whether the services involve an
ambulance.
You ask whether the prohibition against the imposition of fees in General Municipal Law
§209-b(4) applies to all emergency rescue services provided by an emergency rescue
and first aid squad of a fire district fire department, irrespective of whether the services
involve an ambulance.
General Municipal Law §209-b authorizes fire districts to organize within their fire
departments and fire companies emergency rescue and first aid squadsl (hereinafter,
squads) composed of firefighters who are members of the department or company
(General Municipal Law §209-b[1][a]). Pursuant to section 209-b(1), the squad is
authorized to render services in case of accidents, calamities or other emergencies2 in
connection with which its services may be required, as well as in the case of alarms of
fire.
There is nothing in section 209-b(1) suggesting that services in the case of emergencies
are limited to those involving an ambulance. To the contrary, it is apparent that such
services include both ambulance services and other rescue and first aid services (see,
e.g., General Municipal Law §209-b[5], defining the term emergency, in relation to the
operations of fire departments; Town Law §176[13], authorizing fire districts generally to
purchase apparatus and equipment for emergency rescue and first aid squad, without
limitation to ambulances and items related thereto; Town Law §176[22], authorizing fire
district to contract for emergency services and general ambulance service; 30 Opns St
Comp, 1974, p 143, concluding that a fire district may purchase an ambulance and
other rescue equipment for use by the emergency rescue and first aid squad; Bill
Jacket for L 1964, ch 520, letter dated March 24, 1964 from Senator Eustis Paine to
Hon. Sol Neil Corbin, referring to acquisitions of specialized equipment such as
ambulances, vehicles carryina liaht rescue, first aid and oxvaen eauipment. [emphasis
added]).
In 1957, a new subdivision two was added to section 209-b by chapter 849 of the Laws
of 1957. Paragraph a of subdivision two provides, inter alia, that the governing board of
any fire district that has in its fire department an emergency rescue and first aid squad
composed mainly of volunteer firefighters, may authorize the squad to furnish general
ambulance service. The grant of authority for general ambulance service was intended
to be distinct from the pre-existing authority for emergency services, and allow squads to
provide ambulance services unrelated to any fire or emergency (Bill Jacket for L 1957,
ch 849, Memorandum to the Governor by the Department of Audit and Control, dated
April 9, 1957).
The 1957 amendment also added subdivision four to section 209-b, which provides, in
pertinent part, as follows:
4. Fees and charges prohibited. Emergencv and aeneral ambulance
service authorized pursuant to this section shall be furnished without
Opinion 2004 - 1](ViewImageLocal?handle=hein.nyscompop/nyscomo2004&div=1&collection=&method=preview&ext=.png&size=3)