Pertains to the construction and interpretation of mutual aid agreements.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
BILL NUMBER: S270
TITLE OF BILL : An act to amend the general municipal law, in relation to the construction and interpretation of mutual aid agreements
PURPOSE : To clarify that mutual aid agreements between New York State, other states and Canada are authorized under the general municipal law.
SUMMARY OF PROVISIONS : Section one - adds a new subdivision 4 to section 209-a of the general municipal to read as follows: Any mutual aid agreement entered into pursuant to any section of this article or any other provision of law may include an agreement with any political subdivision or territory of another state of the United States or the dominion of Canada.
Section two - adds a new subdivision 6 to section 209-g of the general municipal law to read as follows: Notwithstanding any inconsistent provision of law, for purposes of this section, the term "state or assisting municipal corporation or fire district" shall include any adjoining state and the dominion of Canada, and any county, city, town village or fire district within that adjoining state or within the dominion of Canada.
Section three - states this act shall take effect immediately.
JUSTIFICATION : New York State has many counties which border other states and Canada. Frequently, New York counties contract with out of state fire companies to provide fire protection services in their communities due to a closer proximity and response time. While the general municipal law and an Attorney General's opinion (95-47) provide the authorization for these mutual aid agreements, insurance companies are interpreting the law differently. This legislation seeks to expressly and clearly state mutual aid agreements between New York, other states and Canada are authorized.
LEGISLATIVE HISTORY : 2008: S.7914 Passed Senate
FISCAL IMPLICATIONS : None to the State.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 270 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to the construction and interpretation of mutual aid agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 209-a of the general municipal law is amended by adding a new subdivision 4 to read as follows: 4. ANY MUTUAL AID AGREEMENT ENTERED INTO PURSUANT TO ANY SECTION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW MAY INCLUDE AN AGREEMENT WITH ANY POLITICAL SUBDIVISION OR TERRITORY OF ANOTHER STATE OF THE UNITED STATES OR THE DOMINION OF CANADA. S 2. Section 209-g of the general municipal law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR PURPOSES OF THIS SECTION, THE TERM "STATE OR ASSISTING MUNICIPAL CORPORATION OR FIRE DISTRICT" SHALL INCLUDE ANY ADJOINING STATE AND THE DOMINION OF CANADA, AND ANY COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT WITHIN THAT ADJOIN- ING STATE OR WITHIN THE DOMINION OF CANADA. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00966-01-9