S3739A-2011 - NY Senate Open Legislation - Relates to joint purchases by fire corporations

Relates to joint purchases of goods, supplies and services by fire corporations.

Sponsor: LAVALLE / Co-sponsor(s): OPPENHEIMER
Law Section: Not-for-Profit Corporation Law / Law: Amd S1402, N-PC L

S3739A-2011 Actions

Aug 17, 2012: SIGNED CHAP.407
Aug 6, 2012: DELIVERED TO GOVERNOR
Jun 20, 2012: returned to senate
Jun 20, 2012: passed assembly
Jun 20, 2012: ordered to third reading rules cal.461
Jun 20, 2012: substituted for a10279a
Jun 19, 2012: referred to ways and means
Jun 19, 2012: DELIVERED TO ASSEMBLY
Jun 19, 2012: PASSED SENATE
Jun 19, 2012: ORDERED TO THIRD READING CAL.1291
Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 11, 2012: PRINT NUMBER 3739A
Jun 11, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
Mar 2, 2011: REFERRED TO LOCAL GOVERNMENT

S3739A-2011 Meetings

Rules: Jun 21, 2012

S3739A-2011 Calendars

Floor Calendar: Jun 19, 2012

S3739A-2011 Votes

VOTE: FLOOR VOTE: - Jun 19, 2012

Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Alesi, Espaillat, Huntley

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012

Ayes (24): Skelos, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Excused (1): Alesi

S3739A-2011 Memo

BILL NUMBER:S3739A

TITLE OF BILL:
An act
to amend the not-for-profit corporation law, in
relation to joint purchases by fire corporations

PURPOSE OR GENERAL IDEA OF BILL:
To allow fire companies to enter
into contracts among themselves and among municipal corporations for
the joint purchase of goods, supplies, and services.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Allows fire companies to
enter into contracts among themselves and among municipal
corporations for the joint purchase of goods, supplies, and services,
provided that the provisions of article 5-a of the general municipal
law shall be controlling for any proposed joint purchase between such
fire corporation, company or department and a municipal corporation.

Defines municipal corporation, for the purposes of the subparagraph,
as a "county, city, town, village, fire district, or ambulance
district".

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends Paragraph (e) of section 1402 of the not-for-profit
corporation law by adding a new subparagraph (5).

JUSTIFICATION:
At a time when fiscal efficiencies are being promoted
at the State and National levels, greater efficiencies can be
achieved also at the local level by an expansion of those who can
participate in the municipal cooperation to include volunteer fire
companies, fire departments, and ambulance districts. Presently,
emergency medical services on a local level are rendered by proprietary
and volunteer agencies. Fire districts are permitted to enter into
inter municipal agreements with other fire districts but not with
ambulance districts and volunteer fire companies or fire departments,
which are not part of a fire district. This bill would allow these
entities to participate in these agreements.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.  This legislation should save local governments
money.

EFFECTIVE DATE:
This act shall take effect immediately.

S3739A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3739--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 2, 2011
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government -- recom
 mitted to the Committee on Local Government 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 not-for-profit corporation law, in relation to joint
 purchases by fire corporations
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Paragraph (e) of section 1402 of the not-for-profit corpo
 ration law, subparagraph 1 as amended by chapter 719 of the laws of 1985
 and  subparagraph  5  as  added  by  chapter 307 of the laws of 1980, is
 amended to read as follows:

 (e) Powers.
 (1)  A fire, hose, protective or hook and ladder  corporation  hereto
 fore  incorporated under any general law or a fire corporation hereafter
 incorporated under this section shall be under the control of the  city,
 village,  fire district or town authorities having, by law, control over
 the prevention or extinguishment of fires therein. Such authorities  may
 adopt  rules  and  regulations  for  the  government and control of such
 corporations. Notwithstanding the provisions of any such  local  law,  a
 person who has been convicted of arson in any degree shall not be eligi
 ble  for nomination, election or appointment to any office of the corpo
 ration, nor may such person serve as director of the corporation.    Any
 fire  corporation  officer  or director who is convicted of arson in any
 degree during his term of office shall be disqualified  from  completing
 such term of office.
 (2) Where a fire corporation formed outside of a city, village or fire
 district  furnishes  fire protection to territory outside of the bounda
 ries specified in its certificate of incorporation, the fire corporation
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06708-03-2
        S. 3739--A                          2
 and the members thereof shall be under the exclusive control of the town
 board of the town in which the fire corporation maintains its apparatus.
 (3)  The  emergency  relief  squad  of a fire corporation incorporated
 under this section or subject to the provisions thereof shall have power
 to furnish general ambulance service  when  duly  authorized  under  the
 provisions of section two hundred nine-b of the general municipal law.
 (4) Any fire company incorporated under this section or subject to the
 provisions thereof shall have power to engage in fund raising activities
 pursuant to section two hundred four-a of the general municipal law.
 [5.]  (5)  Any fire company incorporated under this section or subject
 to the provisions thereof shall have power, subject to the  approval  or
 authorization of the town board, to attend a funeral.
 (6)  FIRE, HOSE, PROTECTIVE OR HOOK AND LADDER CORPORATIONS HERETOFORE
 INCORPORATED UNDER ANY GENERAL LAW OR FIRE CORPORATIONS HEREAFTER INCOR
 PORATED UNDER THIS SECTION OR VOLUNTEER FIRE COMPANIES OR  FIRE  DEPART
 MENTS  AS  DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENE
 FITS LAW ARE HEREBY AUTHORIZED TO ENTER INTO CONTRACTS AMONG  THEMSELVES
 AND  AMONG  MUNICIPAL  CORPORATIONS  FOR  THE  JOINT  PURCHASE OF GOODS,
 SUPPLIES AND SERVICES. PROVIDED THAT THE PROVISIONS OF ARTICLE FIVE-A OF
 THE GENERAL MUNICIPAL LAW SHALL BE CONTROLLING FOR  ANY  PROPOSED  JOINT
 PURCHASE  BETWEEN  SUCH  FIRE  CORPORATION, COMPANY, OR DEPARTMENT AND A
 MUNICIPAL CORPORATION. FOR THE PURPOSES OF THIS  SUBPARAGRAPH  THE  TERM
 "MUNICIPAL  CORPORATION"  SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, FIRE
 DISTRICT, OR AMBULANCE DISTRICT.
 

S 2. This act shall take effect immediately.

S3739A-2011: Relates to joint purchases by fire corporations