NY State Senate Bill 2021-S6970A

Senate Bill S6970A

2021-2022 Legislative Session

Provides for state assistance to local governments for the enforcement of fire prevention and building codes

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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
Feb 11, 2022	print number 6970a
Feb 11, 2022	amend and recommit to insurance
Jan 05, 2022	referred to insurance
May 20, 2021	referred to insurance

Bill Amendments

Original

A (Active)

2021-S6970 - Details

See Assembly Version of this Bill:: A8802
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §9108, Ins L; amd §54-g, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S2986, A4430

2021-S6970 - Summary

Provides for state assistance to local governments for the enforcement of fire prevention and building codes using monies paid into the code enforcement account.

2021-S6970 - Sponsor Memo

2021-S6970 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6970
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law and the state finance law, in relation
   to providing  for  state  assistance  to  local  governments  for  the
   enforcement of fire prevention and building codes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (b) of section 9108 of the insur-
 ance law is amended and a  new  subsection  (f)  is  added  to  read  as
 follows:
   (2)  On  or  before  the fifteenth day of February of each year, every
 insurance company required to collect the fee imposed  by  this  section
 shall  file  with  [said]  THE  superintendent  an annual statement in a
 manner the superintendent shall prescribe, which  statement  shall  show
 the  aggregate amount of gross premiums and premium deposits and assess-
 ments collected during the  immediately  preceding  year  for  insurance
 against  loss  or  injury and the several items of deduction referred to
 under items (i) and (ii) of paragraph one of this subsection.
   (F) COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-TWO, ALL  SUCH  MONIES
 RECEIVED  BY  THE  SUPERINTENDENT  AND  PAID  INTO  THE CODE ENFORCEMENT
 ACCOUNT PURSUANT TO THIS SECTION SHALL BE FOR THE PURPOSE OF  STATE  AID
 TO  LOCALITIES FOR THE ENFORCEMENT OF THEIR RELEVANT FIRE PREVENTION AND
 BUILDING CODES IN ACCORDANCE WITH  SECTION  FIFTY-FOUR-G  OF  THE  STATE
 FINANCE LAW AND ANY ADMINISTRATIVE EXPENSES INCURRED BY THE SECRETARY OF
 STATE PURSUANT TO SUCH PROGRAMS.
   § 2. Section 54-g of the state finance law, as added by chapter 707 of
 the laws of 1981, subdivision 1 as amended by chapter 609 of the laws of
 1983, is amended to read as follows:
   §  54-g.  State  assistance to local governments for support of activ-
 ities related to fire prevention and building codes.  1.  Beginning  [in
 March,  nineteen  hundred eighty-two] ON APRIL FIRST, TWO THOUSAND TWEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11562-02-1

 S. 6970                             2
 
 TY-TWO and annually thereafter, THE SECRETARY OF STATE SHALL GRANT  each
 COUNTY,  city, village, and town [shall receive from moneys appropriated
 by the state in] OUTSIDE A VILLAGE  MONIES  FROM  THE  CODE  ENFORCEMENT
 ACCOUNT  AS  ESTABLISHED  IN  AND PURSUANT TO SECTION NINETY-ONE HUNDRED
 EIGHT OF THE INSURANCE LAW TO support [of]  activities  related  to  the
 administration  and enforcement [in the previous calendar] year of THEIR
 RESPECTIVE fire prevention and building codes [the sum of] IN THE PREVI-
 OUS CALENDAR YEAR IN the amounts computed in paragraphs a [and], b AND C
 below.
   a. One-half the amount [appropriated] OF MONIES IN THE  CODE  ENFORCE-
 MENT  ACCOUNT  multiplied  by  the  proportion which the [population of]
 NUMBER OF BUILDING PERMITS ISSUED BY the COUNTY, city, village  or  town
 outside  a  village  bears to the [population of] NUMBER OF SUCH PERMITS
 ISSUED IN the state taken as a whole.
   b. One-half the amount appropriated multiplied by the proportion which
 [the full value of] THE NUMBER OF FIRE SAFETY INSPECTIONS  CONDUCTED  BY
 the  COUNTY,  city, village or town outside a village bears to the [full
 value of] NUMBER OF FIRE  SAFETY  INSPECTIONS  CONDUCTED  IN  the  state
 [taken  as  a whole]. The amount otherwise payable to a local government
 under this subdivision shall be reduced by the amount of  state  aid  to
 local  governments  for  housing maintenance code enforcement payable to
 such local government in the same state fiscal year under the provisions
 of section fifty-four-h of this chapter.
   C. NOTWITHSTANDING PARAGRAPHS A AND B OF THIS SUBDIVISION, NO LOCALITY
 SHALL RECEIVE AN AMOUNT GREATER THAN TWENTY PERCENT OF THE AMOUNT AVAIL-
 ABLE IN THE CODE ENFORCEMENT ACCOUNT PER YEAR.
   2. In the instance where, pursuant to section three hundred eighty-one
 of the New York state uniform fire prevention and building code act  set
 forth  in  article eighteen of the executive law, a county or the secre-
 tary of state administers and enforces the New York state  uniform  fire
 prevention and building code within a COUNTY, city, village or town, the
 funds  otherwise  payable to the COUNTY, city, village, or town shall be
 paid to the county or revert to the state, as the case may be.  Where  a
 county  or  the secretary of state has been so engaged for less than the
 entire calendar year provided in subdivision one, the  moneys  shall  be
 distributed to the city, village, or town, county or state in proportion
 to  the  length of time for which each was responsible for said adminis-
 tration and enforcement.
   3. TO RECEIVE FUNDS FROM THE CODE ENFORCEMENT ACCOUNT PURSUANT TO THIS
 SECTION, EACH COUNTY, CITY, VILLAGE, OR TOWN  OUTSIDE  A  VILLAGE  SHALL
 SUBMIT  ANNUALLY  TO  THE  SECRETARY  OF  STATE AN APPLICATION WITH SUCH
 INFORMATION AS THE SECRETARY MAY REQUIRE. THE SECRETARY SHALL  PRESCRIBE
 THE  TIME AND MANNER OF SUCH APPLICATION AND MAKE SUCH INFORMATION KNOWN
 TO THE LOCALITIES. PAYOUTS TO EACH QUALIFYING COUNTY, CITY, VILLAGE,  OR
 TOWN  OUTSIDE  A  VILLAGE PURSUANT TO THIS SECTION SHALL BE MADE NO LESS
 THAN QUARTERLY.
   4. The terms used in this section shall have the meanings ascribed  to
 them in section fifty-four of this article.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S6970A (ACTIVE) - Details

See Assembly Version of this Bill:: A8802
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §9108, Ins L; amd §54-g, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S2986, A4430

2021-S6970A (ACTIVE) - Summary

Provides for state assistance to local governments for the enforcement of fire prevention and building codes using monies paid into the code enforcement account.

2021-S6970A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6970A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the insurance law and the state finance law, in relation
to providing for state assistance to local governments for the enforce-
ment of fire prevention and building codes

 
PURPOSE:

To ensure funding of local code enforcement activities.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 9108 of the state insurance law addressing the
fire insurance fee.

Section 2 amends Section 54g of the state finance law addressing state
assistance to local governments for support of activities related to
fire prevention and building codes.

Section 3 establishes an effective date.

 
JUSTIFICATION:

In 2019, the Senate Committees on Investigations and Housing conducted
an extensive investigation into local code enforcement across the state.
One of the resounding conclusions of the investigation was that nearly
all local code enforcement apparati are underfunded, often dramatically
so. State Finance Law Section 54g, in conjunction with Section 9108 of
State Insurance Law, dedicates the fire insurance fee collected on each
fire insurance policy in the state to support local code enforcement
activities. However, over the past decades, that money has not reached
localities, and has instead been swept out by the executive into the
general fund. This bill will ensure that the money intended to flow to
localities to conduct code enforcement actually makes it there, and will
help make homes across the country safer and more habitable.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6970A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6970--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance  --  recommitted
   to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the insurance law and the state finance law, in relation
   to providing  for  state  assistance  to  local  governments  for  the
   enforcement of fire prevention and building codes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (b) of section 9108 of the insur-
 ance law is amended and a  new  subsection  (f)  is  added  to  read  as
 follows:
   (2)  On  or  before  the fifteenth day of February of each year, every
 insurance company required to collect the fee imposed  by  this  section
 shall  file  with  [said]  THE  superintendent  an annual statement in a
 manner the superintendent shall prescribe, which  statement  shall  show
 the  aggregate amount of gross premiums and premium deposits and assess-
 ments collected during the  immediately  preceding  year  for  insurance
 against  loss  or  injury and the several items of deduction referred to
 under items (i) and (ii) of paragraph one of this subsection.
   (F) COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-THREE, ALL SUCH MONIES
 RECEIVED BY THE  SUPERINTENDENT  AND  PAID  INTO  THE  CODE  ENFORCEMENT
 ACCOUNT  PURSUANT  TO THIS SECTION SHALL BE FOR THE PURPOSE OF STATE AID
 TO LOCALITIES FOR THE ENFORCEMENT OF THEIR RELEVANT FIRE PREVENTION  AND
 BUILDING  CODES  IN  ACCORDANCE  WITH  SECTION FIFTY-FOUR-G OF THE STATE
 FINANCE LAW AND ANY ADMINISTRATIVE EXPENSES INCURRED BY THE SECRETARY OF
 STATE PURSUANT TO SUCH PROGRAMS.
   § 2. Section 54-g of the state finance law, as added by chapter 707 of
 the laws of 1981, subdivision 1 as amended by chapter 609 of the laws of
 1983, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11562-03-2

 S. 6970--A                          2
 
   § 54-g. State assistance to local governments for  support  of  activ-
 ities  related  to  fire prevention and building codes. 1. Beginning [in
 March, nineteen hundred eighty-two] ON APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-THREE  and  annually  thereafter,  THE SECRETARY OF STATE SHALL GRANT
 each  COUNTY,  city, village, and town [shall receive from moneys appro-
 priated by the state in] OUTSIDE A VILLAGE MONIES FROM THE CODE ENFORCE-
 MENT ACCOUNT AS  ESTABLISHED  IN  AND  PURSUANT  TO  SECTION  NINETY-ONE
 HUNDRED EIGHT OF THE INSURANCE LAW TO support [of] activities related to
 the  administration  and  enforcement [in the previous calendar] year of
 THEIR RESPECTIVE fire prevention and building codes [the sum of] IN  THE
 PREVIOUS  CALENDAR YEAR IN the amounts computed in paragraphs a [and], b
 AND C below.
   a. One-half the amount [appropriated] OF MONIES IN THE  CODE  ENFORCE-
 MENT  ACCOUNT  multiplied  by  the  proportion which the [population of]
 NUMBER OF BUILDING PERMITS ISSUED BY the COUNTY, city, village  or  town
 outside  a  village  bears to the [population of] NUMBER OF SUCH PERMITS
 ISSUED IN the state taken as a whole.
   b. One-half the amount appropriated multiplied by the proportion which
 [the full value of] THE NUMBER OF FIRE SAFETY INSPECTIONS  CONDUCTED  BY
 the  COUNTY,  city, village or town outside a village bears to the [full
 value of] NUMBER OF FIRE  SAFETY  INSPECTIONS  CONDUCTED  IN  the  state
 [taken  as  a whole]. The amount otherwise payable to a local government
 under this subdivision shall be reduced by the amount of  state  aid  to
 local  governments  for  housing maintenance code enforcement payable to
 such local government in the same state fiscal year under the provisions
 of section fifty-four-h of this chapter.
   C. NOTWITHSTANDING PARAGRAPHS A AND B OF THIS SUBDIVISION, NO LOCALITY
 SHALL RECEIVE AN AMOUNT GREATER THAN TWENTY PERCENT OF THE AMOUNT AVAIL-
 ABLE IN THE CODE ENFORCEMENT ACCOUNT PER YEAR.
   2. In the instance where, pursuant to section three hundred eighty-one
 of the New York state uniform fire prevention and building code act  set
 forth  in  article eighteen of the executive law, a county or the secre-
 tary of state administers and enforces the New York state  uniform  fire
 prevention and building code within a COUNTY, city, village or town, the
 funds  otherwise  payable to the COUNTY, city, village, or town shall be
 paid to the county or revert to the state, as the case may be.  Where  a
 county  or  the secretary of state has been so engaged for less than the
 entire calendar year provided in subdivision one, the  moneys  shall  be
 distributed to the city, village, or town, county or state in proportion
 to  the  length of time for which each was responsible for said adminis-
 tration and enforcement.
   3. TO RECEIVE FUNDS FROM THE CODE ENFORCEMENT ACCOUNT PURSUANT TO THIS
 SECTION, EACH COUNTY, CITY, VILLAGE, OR TOWN  OUTSIDE  A  VILLAGE  SHALL
 SUBMIT  ANNUALLY  TO  THE  SECRETARY  OF  STATE AN APPLICATION WITH SUCH
 INFORMATION AS THE SECRETARY MAY REQUIRE. THE SECRETARY SHALL  PRESCRIBE
 THE  TIME AND MANNER OF SUCH APPLICATION AND MAKE SUCH INFORMATION KNOWN
 TO THE LOCALITIES. PAYOUTS TO EACH QUALIFYING COUNTY, CITY, VILLAGE,  OR
 TOWN  OUTSIDE  A  VILLAGE PURSUANT TO THIS SECTION SHALL BE MADE NO LESS
 THAN QUARTERLY.
   4. The terms used in this section shall have the meanings ascribed  to
 them in section fifty-four of this article.
   § 3. This act shall take effect immediately.

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