S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7089
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI -- (at request of the State Comp-
   troller) -- read once and referred to the Committee on  Local  Govern-
   ments
 
 AN  ACT  to  amend the town law and the village law, in relation to fire
   protection contracts with incorporated fire companies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 22 of section 176 of the town law, as amended
 by chapter 167 of the laws of 1960, the first undesignated paragraph  as
 amended  by chapter 705 of the laws of 1967 and the closing paragraph as
 amended by chapter 520 of the laws  of  1964,  is  amended  to  read  as
 follows:
   22.  (A) May contract for the furnishing of fire protection within the
 fire district with any city, village,  fire  district,  or  incorporated
 fire  company  having  its  headquarters  outside such fire district and
 maintaining adequate and  suitable  apparatus  and  appliances  for  the
 furnishing  of  fire  protection  in such district; provided there is no
 fire company maintaining its headquarters in said district  or  provided
 the  fire  department  of said district is, in the judgment of such fire
 commissioners, unable to render adequate and prompt fire  protection  to
 such district or any area thereof. The contract also may provide for the
 furnishing  of [(1)] (I) emergency service in case of accidents, calami-
 ties or other emergencies in connection with which the services of fire-
 men would be required and [(2)] (II) general ambulance service  subject,
 however,  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 and provision has not otherwise
 been made for ambulance service for the area of the district pursuant to
 section one hundred twenty two-b of the general  municipal  law  then  a
 separate  contract may be made for the furnishing within the district of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10779-02-7

 A. 7089                             2
 
 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 ambulance service, to the provisions of section two
 hundred nine-b of the general municipal law.
   (B)(I) EXCEPT AS PROVIDED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,
 PRIOR  TO  COMMENCING  THE NEGOTIATION PROCESS FOR SUCH CONTRACT WITH AN
 INCORPORATED FIRE COMPANY, THE INCORPORATED FIRE COMPANY SHALL FILE WITH
 THE BOARD OF FIRE COMMISSIONERS  A  STATEMENT  ITEMIZING  THE  ESTIMATED
 COSTS  OF THE INCORPORATED FIRE COMPANY ATTRIBUTABLE TO THE PROVISION OF
 SERVICES UNDER THE PROSPECTIVE CONTRACT. THE ESTIMATED  COSTS  ATTRIBUT-
 ABLE  TO  THE PROVISION OF SERVICES UNDER THE PROSPECTIVE CONTRACT ITEM-
 IZED IN THE STATEMENT SHALL INCLUDE, AT A  MINIMUM, THOSE, IF ANY,  FOR:
 SUPPLIES;  MATERIALS; OPERATION, MAINTENANCE AND REPAIR OF EQUIPMENT AND
 APPARATUS; INSURANCE; TRAINING;  PROTECTIVE  CLOTHING,  GEAR  AND  OTHER
 PERSONNEL COSTS; BUILDING RENTAL, MAINTENANCE AND OPERATION; AND A SPEC-
 IFIED  PROPORTIONATE  SHARE  OF  CAPITAL  COSTS.  IF THE FIRE COMPANY IS
 REQUIRED TO PREPARE ANY OF THE  FOLLOWING  DOCUMENTS,  COPIES  SHALL  BE
 INCLUDED WITH THE STATEMENT:
   (1) THE FIRE COMPANY'S MOST RECENT ANNUAL REPORT OF DIRECTORS PURSUANT
 TO SECTION FIVE HUNDRED NINETEEN OF THE NOT-FOR-PROFIT CORPORATION LAW;
   (2)  THE  FIRE  COMPANY'S MOST RECENT VERIFIED CERTIFICATE PURSUANT TO
 SUBDIVISION (F) OF SECTION FOURTEEN HUNDRED TWO  OF  THE  NOT-FOR-PROFIT
 CORPORATION LAW;
   (3)  THE FIRE COMPANY'S MOST RECENT INTERNAL REVENUE SERVICE FORM 990;
 AND
   (4) THE FIRE COMPANY'S MOST RECENT ANNUAL REPORT PURSUANT  TO  SECTION
 THIRTY-A OF THE GENERAL MUNICIPAL LAW.
   (II)  THE  PROVISIONS  OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
 APPLY TO THE RENEWAL OF A CONTRACT WHEN THE CONTRACT IS  DEEMED  RENEWED
 IN  ACCORDANCE  WITH  PARAGRAPH (E) OF THIS SUBDIVISION. UPON GOOD CAUSE
 SHOWN, THE BOARD OF FIRE COMMISSIONERS  MAY,  BY  RESOLUTION,  WAIVE  IN
 WHOLE  OR  IN PART THE REQUIREMENT THAT THE FIRE COMPANY FILE THE STATE-
 MENT, AND COPIES OF DOCUMENTS, REQUIRED  BY  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH.
   (C)  The contract shall not be entered into until a public hearing has
 been held by the board of fire  commissioners.  Notice  of  the  hearing
 shall be published at least once in at least one newspaper having gener-
 al  circulation  in the district. The notice shall specify the time when
 and place where the hearing will be held, and describe in general  terms
 the  proposed  contract. The first publication thereof shall be at least
 ten days prior to the day specified for the hearing.
   (D) Except as hereinafter provided, the term of the contract shall  be
 for  a  definite  period  of time, but in no event shall the term exceed
 five years. The contract year or years in  all  such  contracts  entered
 into  after  the year nineteen hundred sixty shall terminate on December
 thirty-first.
   (E) Instead of being for a definite term as hereinabove provided,  the
 contract  may  be  for an original term of one calendar year or less and
 provide that it shall be deemed renewed on  the  same  basis  each  year
 thereafter  for  a  further  term  of one full calendar year without any
 further public hearing unless one of the contracting parties shall noti-
 fy the other in writing on or before the first day  of  August  that  it
 elects  to terminate the contract on December thirty-first in that year.
 The term of any such contract, including renewals, shall not exceed five

 A. 7089                             3
 
 years, but the contract may provide that there shall be less  than  four
 such  renewals. If the city, village or fire district fire department or
 fire company which is to furnish the service under such  a  contract  is
 not  a  fully  paid  department  or  company,  the city, village or fire
 district governing board upon the request of the department or  company,
 shall terminate the contract as provided in this paragraph. Any contract
 entered into pursuant to this paragraph may provide that in the month of
 July  of each year in which such a renewal could occur the fire district
 secretary shall notify the secretary of  the  fire  department  or  fire
 company  which  is  to  furnish  the service under the contract that the
 contract shall be deemed renewed on the same basis for  a  further  full
 term  of  one  calendar year unless one of the contracting parties shall
 notify the other in writing on or before the first day of August that it
 elects to terminate the contract on December thirty-first in such year.
   (F) The contract shall specify a definite sum to be paid each year for
 all of the services to be rendered thereunder and may provide that  such
 amount shall be paid in one sum or in installments.
   (G)  By  mutual consent of the contracting parties, and after a public
 hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such
 contract  heretofore  or  hereafter  executed  may be [(1)] (I) amended,
 [(2)] (II) terminated, or [(3)] (III) terminated and a new contract  may
 be  entered  into  in  lieu thereof, if the board of fire commissioners,
 after such hearing, shall determine by resolution, that  it  is  in  the
 public  interest  so to do. Such notice shall state in general terms the
 reason why any existing contract is to be amended or terminated, and  if
 a  new contract is to be entered into the notice shall also describe the
 new contract in general terms.
   (H) The term "fire protection", as used in this subdivision,  includes
 inspections  of  buildings  and  properties in the fire district for the
 purposes specified in and as authorized by section eight hundred seven-a
 of the education law, subdivision four of section three hundred three of
 the multiple residence law, and section one hundred eighty-nine  of  the
 town law.
   (I)  The  provisions  of  this subdivision shall not be deemed to have
 amended subdivision two of section two hundred  nine-b  or  section  two
 hundred  nine-d  of  the  general  municipal  law, or any other general,
 special or local law requiring the consent of a  fire  department,  fire
 company  or an emergency rescue and first aid squad to the entering into
 of a contract for services to be performed by such  department,  company
 or squad.
   §  2.  Section 184 of the town law is amended by adding a new subdivi-
 sion 1-a to read as follows:
   1-A. (A) EXCEPT AS PROVIDED IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,
 PRIOR  TO  COMMENCING  THE NEGOTIATION PROCESS FOR SUCH CONTRACT WITH AN
 INCORPORATED FIRE COMPANY, THE INCORPORATED FIRE COMPANY SHALL FILE WITH
 THE TOWN BOARD A STATEMENT ITEMIZING THE ESTIMATED COSTS OF THE INCORPO-
 RATED FIRE COMPANY ATTRIBUTABLE TO THE PROVISION OF SERVICES  UNDER  THE
 PROSPECTIVE  CONTRACT. THE ESTIMATED COSTS ATTRIBUTABLE TO THE PROVISION
 OF SERVICES UNDER THE PROSPECTIVE CONTRACT  ITEMIZED  IN  THE  STATEMENT
 SHALL  INCLUDE,  AT  A MINIMUM, THOSE, IF ANY, FOR: SUPPLIES; MATERIALS;
 OPERATION, MAINTENANCE AND REPAIR OF EQUIPMENT AND APPARATUS; INSURANCE;
 TRAINING; PROTECTIVE CLOTHING, GEAR AND OTHER PERSONNEL COSTS;  BUILDING
 RENTAL,  MAINTENANCE  AND OPERATION; AND A SPECIFIED PROPORTIONATE SHARE
 OF CAPITAL COSTS. IF THE FIRE COMPANY IS REQUIRED TO PREPARE ANY OF  THE
 FOLLOWING DOCUMENTS, COPIES SHALL BE INCLUDED WITH THE STATEMENT:

 A. 7089                             4
 
   (1) THE FIRE COMPANY'S MOST RECENT ANNUAL REPORT OF DIRECTORS PURSUANT
 TO SECTION FIVE HUNDRED NINETEEN OF THE NOT-FOR-PROFIT CORPORATION LAW;
   (2)  THE  FIRE  COMPANY'S MOST RECENT VERIFIED CERTIFICATE PURSUANT TO
 SUBDIVISION (F) OF SECTION FOURTEEN HUNDRED TWO  OF  THE  NOT-FOR-PROFIT
 CORPORATION LAW;
   (3)  THE FIRE COMPANY'S MOST RECENT INTERNAL REVENUE SERVICE FORM 990;
 AND
   (4) THE FIRE COMPANY'S MOST RECENT ANNUAL REPORT PURSUANT  TO  SECTION
 THIRTY-A OF THE GENERAL MUNICIPAL LAW.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY TO THE RENEWAL OF A CONTRACT WHEN THE CONTRACT IS  DEEMED  RENEWED
 IN  ACCORDANCE  WITH  SUBDIVISION  FOUR OF THIS SECTION. UPON GOOD CAUSE
 SHOWN, THE TOWN BOARD MAY, BY RESOLUTION, WAIVE IN WHOLE OR IN PART  THE
 REQUIREMENT  THAT  THE  FIRE  COMPANY  FILE THE STATEMENT, AND COPIES OF
 DOCUMENTS, REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. Paragraph 9 of subdivision 3 of section 4-412 of the village  law
 is amended by adding a new subparagraph a-1 to read as follows:
   A-1. (I) EXCEPT AS PROVIDED IN CLAUSE (II) OF THIS SUBPARAGRAPH, PRIOR
 TO COMMENCING THE NEGOTIATION PROCESS FOR SUCH CONTRACT WITH AN INCORPO-
 RATED  FIRE  COMPANY,  THE INCORPORATED FIRE COMPANY SHALL FILE WITH THE
 BOARD OF TRUSTEES A STATEMENT  ITEMIZING  THE  ESTIMATED  COSTS  OF  THE
 INCORPORATED  FIRE  COMPANY  ATTRIBUTABLE  TO  THE PROVISION OF SERVICES
 UNDER THE PROSPECTIVE CONTRACT. THE ESTIMATED COSTS ATTRIBUTABLE TO  THE
 PROVISION  OF  SERVICES  UNDER  THE PROSPECTIVE CONTRACT ITEMIZED IN THE
 STATEMENT SHALL INCLUDE, AT A MINIMUM, THOSE,  IF  ANY,  FOR:  SUPPLIES;
 MATERIALS; OPERATION, MAINTENANCE AND REPAIR OF EQUIPMENT AND APPARATUS;
 INSURANCE;  TRAINING;  PROTECTIVE  CLOTHING,  GEAR  AND  OTHER PERSONNEL
 COSTS; BUILDING RENTAL,  MAINTENANCE  AND  OPERATION;  AND  A  SPECIFIED
 PROPORTIONATE SHARE OF CAPITAL COSTS. IF THE FIRE COMPANY IS REQUIRED TO
 PREPARE  ANY  OF  THE FOLLOWING DOCUMENTS, COPIES SHALL BE INCLUDED WITH
 THE STATEMENT:
   (A) THE FIRE COMPANY'S MOST RECENT ANNUAL REPORT OF DIRECTORS PURSUANT
 TO SECTION FIVE HUNDRED NINETEEN OF THE NOT-FOR-PROFIT CORPORATION LAW;
   (B) THE FIRE COMPANY'S MOST RECENT VERIFIED  CERTIFICATE  PURSUANT  TO
 SUBDIVISION  (F)  OF  SECTION FOURTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT
 CORPORATION LAW;
   (C) THE FIRE COMPANY'S MOST RECENT INTERNAL REVENUE SERVICE FORM  990;
 AND
   (D)  THE  FIRE COMPANY'S MOST RECENT ANNUAL REPORT PURSUANT TO SECTION
 THIRTY-A OF THE GENERAL MUNICIPAL LAW.
   (II) UPON GOOD CAUSE SHOWN, THE BOARD OF TRUSTEES MAY, BY  RESOLUTION,
 WAIVE IN WHOLE OR IN PART THE REQUIREMENT THAT THE FIRE COMPANY FILE THE
 STATEMENT,  AND  COPIES  OF  DOCUMENTS,  REQUIRED  BY CLAUSE (I) OF THIS
 SUBPARAGRAPH.
   § 4. This act shall take effect on January first next  succeeding  the
 date  on  which  it shall have become a law and shall apply to contracts
 with a term commencing after March first of the year in which  it  shall
 have become a law.