NY State Senate Bill 2017-S5785

Archive: Last Bill Status Via A7089 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 12, 2017	signed chap.294
Aug 31, 2017	delivered to governor
Jun 15, 2017	returned to assembly passed senate 3rd reading cal.1798 substituted for s5785
Jun 15, 2017	substituted by a7089 ordered to third reading cal.1798 committee discharged and committed to rules
Apr 28, 2017	referred to local government

Votes

- Jun 15, 2017 - Floor Vote
  A7089
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 15, 2017 - Rules Committee Vote
  S5785
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young

2017-S5785 (ACTIVE) - Details

See Assembly Version of this Bill:: A7089
Law Section:: Town Law
Laws Affected:: Amd §§176 & 184, Town L; amd §4-412, Vil L

2017-S5785 (ACTIVE) - Summary

Relates to fire protection contracts with incorporated fire companies.

2017-S5785 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5785

 TITLE OF BILL :  An act to amend the town law and the village law, in
relation to fire protection contracts with incorporated fire companies

 PURPOSE :

The purpose of the bill is to increase transparency relating to the
contract negotiation process for fire protection contracts between
incorporated fire companies and fire districts, towns or villages.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Subdivision 22 of Section 176 of the
Town Law to provide that, prior to commencing the negotiation process
for a fire protection contract between a fire district and an
incorporated fire company, the incorporated fire company must file
with the fire district board of fire commissioners a statement
itemizing the estimated costs of the fire company attributable to the
provision of services under the prospective contract. If the fire
company is required to prepare an annual report of directors pursuant
to 519 of the Not-For-Profit Corporation Law (NFPCL), a verified
certificate pursuant to Subdivision f of Section 1402 of the NFPCL,
Internal Revenue Service Form 990, or annual report on foreign fire
insurance premium tax funds pursuant to Section 30-a of the General
Municipal Law, copies of the most recent documents must be included

with the statement. The statement and copies are not required when the
contract is deemed renewed in accordance with Subdivision 22 of
Section 176 of the Town Law. For good cause shown, the board of fire
commissioners may waive by resolution, in whole or in part, the filing
requirement.

Sections 2 and 3 of this bill make analogous amendments, respectively,
to Section 184 of the Town Law, relating to fire protection contracts
between incorporated fire companies and towns on behalf of fire
protection districts and Paragraph 9 of Subdivision 3 of Section 4-412
of the Village Law relating to fire protection contracts between
incorporated fire companies and villages.

Section 4 provides for an effective date of January first next
succeeding the date on which it shall have become a law and provides
that it shall apply to contracts with a term commencing after March
first of the year in which it shall have become a law.

 JUSTIFICATION :

Fire districts, villages, and towns on behalf of fire protection
districts are authorized to enter into fire protection contracts with,
among other entities, certain incorporated fire companies. The Town
Law and the Village Law require that the fire protection contract
specify a "definite sum" to be paid each year for all fire protection
services to be rendered under the contract. The "definite sum"
consideration under the contract is established through a negotiation
process between the parties to the contract. In most cases, it is
believed that there is a free exchange of information during the
negotiation process as to the cost of providing fire protection.
However, over the years, the Office of the State Comptroller (OSC) has
received a number of inquiries from local governments which have had
difficulty in eliciting cost information from the fire company. In
those situations, OSC has made several recommendations, such as
including provisions in the contract to allow the local government
access to fire company records pertaining to the cost of fire
protection, making access to such information a condition of approving
fire company fund raising activities pursuant to Section 204-a of the
General Municipal Law, an d obtaining copies of various financial
filings of the fire company.
Rather than remediating the problem on a case by case basis, this bill
would provide for a standard statutory process to ensure that the
necessary cost information is provided at the outset of the
negotiations. The submission of an itemized statement of estimated
costs will help promote a more transparent negotiation process that
can better result in the parties to the contract reaching a fair and
equitable price for fire protection services. This is especially
appropriate since both the local government and the fire company are
discharging a function for the benefit of the public in providing for
fire protection. A waiver provision is included for situations when,
for good cause shown, a board of fire commissioners, town board, or
village board of trustees determines to waive the filing requirement,
in whole or in part. Such waiver may be accomplished by resolution of
the governing board.

The State Comptroller urges passage of this legislation.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the State. There may be minimal fiscal implications to
incorporated fire companies, which should have the required
information readily available.

 EFFECTIVE DATE :
The bill would 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.

2017-S5785 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5785
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- (at request of the State Comptroller) --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Local Government
 
 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

 S. 5785                             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

 S. 5785                             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:

 S. 5785                             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.

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Senate Bill S5785

Sponsored By

Archive: Last Bill Status Via A7089 - Signed by Governor

Jun 15, 2017 - Floor Vote

Floor Vote: Jun 15, 2017

Jun 15, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 15, 2017

2017-S5785 (ACTIVE) - Details

2017-S5785 (ACTIVE) - Summary

2017-S5785 (ACTIVE) - Sponsor Memo

2017-S5785 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5785

Share this bill

Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status Via A7089 - Signed by Governor

2017-S5785 (ACTIVE) - Details

2017-S5785 (ACTIVE) - Summary

2017-S5785 (ACTIVE) - Sponsor Memo

2017-S5785 (ACTIVE) - Bill Text download pdf

Comments