S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7947

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

Introduced by M. of A. ROBERTS -- Multi-Sponsored by -- M. of A. HEASTIE
  -- read once and referred to the Committee on Labor

AN  ACT  to amend the labor law, in relation to public notification of a
  reduction in force of any fire district, municipal, town or any  other
  local fire department

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new  article  17-A  to
read as follows:
                              ARTICLE 17-A
                           PUBLIC FIRE SAFETY
SECTION 480. LEGISLATIVE FINDINGS AND INTENT.
        481. PROCEDURES FOR A REDUCTION IN FORCE.
  S  480.  LEGISLATIVE  FINDINGS  AND  INTENT. THE RESIDENTS OF NEW YORK
STATE HAVE THE RIGHT TO OBTAIN NECESSARY FIRE PREVENTION AND FIRE SAFETY
SERVICES.  IT IS THE PUBLIC POLICY OF THIS STATE TO PROMOTE A SAFE ENVI-
RONMENT FOR RESIDENTS AND PROTECT SUCH RESIDENTS  FROM  RESIDENTIAL  AND
COMMERCIAL FIRES.
  THEREFORE,  IT  IS THE INTENT OF THIS LEGISLATURE TO ENSURE THAT RESI-
DENTS ARE FULLY AWARE OF ANY REDUCTION IN SUCH PROTECTIVE AND PREVENTIVE
MEASURES BY REQUIRING A PUBLIC HEARING PRIOR TO ANY REDUCTION  IN  FORCE
OF A MUNICIPAL, TOWN, OR ANY OTHER LOCAL FIRE DEPARTMENT.
  S  481. PROCEDURES FOR A REDUCTION IN FORCE. 1. AT LEAST SIX MONTHS IN
ADVANCE OF A PROPOSED REDUCTION IN FORCE OF ANY FIRE  DISTRICT,  MUNICI-
PAL,  TOWN,  OR ANY OTHER LOCAL FIRE DEPARTMENT, THE GOVERNING AUTHORITY
IN WHICH SUCH FIRE DEPARTMENT IS LOCATED ARE HEREBY REQUIRED  TO  ESTAB-
LISH  AN ADVISORY COMMITTEE ON THE PROPOSED REDUCTION TO INVESTIGATE THE
IMPACT OF SUCH REDUCTION ON THE  ABILITY  OF  SAID  FIRE  DEPARTMENT  TO
ADEQUATELY PREVENT AND SUPPRESS FIRES IN SUCH LOCATION.
  2.  THE FACTORS TO BE CONSIDERED BY THE COMMITTEE IN THE IMPACT STATE-
MENT SHALL INCLUDE, BUT NOT BE LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00735-01-3
              

A. 7947                             2

  (A) THE CURRENT DUTIES PERFORMED BY FIRE PERSONNEL;
  (B) POSSIBLE IMPACT OF THE REDUCTION FIRE RESPONSE TIME;
  (C)  THE EFFECT SUCH REDUCTION WOULD HAVE ON AUXILIARY FIRE DEPARTMENT
SERVICES INCLUDING BUT NOT LIMITED TO:  EDUCATIONAL  PROGRAMS,  TRAINING
AND PROTECTIVE SERVICES;
  3. (A) SUCH IMPACT STATEMENT SHALL BE FILED WITH THE GOVERNING AUTHOR-
ITY AND BE MADE AVAILABLE FOR PUBLIC INSPECTION. SUCH GOVERNING AUTHORI-
TY  SHALL  PUBLISH  A  NOTICE  OF SUCH PROPOSED REDUCTION IN FORCE IN AT
LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY ONCE A  WEEK
FOR  TWO  WEEKS,  AND  SHALL POST A NOTICE CONSPICUOUSLY IN THE AFFECTED
LOCALITY, WHICH SHALL ALSO BE CIRCULATED  TO  ELECTED  STATE  AND  LOCAL
PUBLIC OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
  (B)  AFTER  THE STATEMENT HAS BEEN FILED AND CIRCULATED, THE GOVERNING
AUTHORITY, SHALL HOLD A PUBLIC HEARING TO EVALUATE  THE  IMPACT  OF  THE
PROPOSED REDUCTION IN FORCE ON THE AFFECTED LOCALITY. SUCH HEARING SHALL
BE  HELD  WITHIN  SIXTY  DAYS OF THE ISSUANCE OF THE IMPACT STATEMENT AT
TIMES AND PLACES CONVENIENT AND ACCESSIBLE TO THE PUBLIC. NOTICE OF SUCH
HEARING SHALL BE PUBLISHED BY SUCH GOVERNING AUTHORITY IN AT  LEAST  ONE
NEWSPAPER  OF  GENERAL  CIRCULATION  IN THE LOCALITY ONCE A WEEK FOR TWO
WEEKS, AND SHALL BE POSTED CONSPICUOUSLY IN THE AFFECTED  LOCALITY,  AND
SHALL ALSO BE CIRCULATED TO ELECTED STATE AND LOCAL PUBLIC OFFICIALS WHO
REPRESENT  THE AFFECTED COMMUNITIES. AT SUCH HEARING, FACTORS ENUMERATED
IN SUBDIVISION TWO OF THIS SECTION SHALL BE CONSIDERED AND  ALTERNATIVES
MAY BE PRESENTED BY INTERESTED PARTIES.
  (C)  THE  GOVERNING  AUTHORITY SHALL RENDER A DECISION AT A REGULAR OR
SPECIAL MEETING, THE RESULTS OF WHICH SHALL BE RECORDED AND MADE  AVAIL-
ABLE TO THE PUBLIC.
  S 2. This act shall take effect immediately.