Relates to joint purchases of goods, supplies and services by fire corporations.
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
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.
STATE OF NEW YORK ________________________________________________________________________ 3739--A 2011-2012 Regular Sessions IN 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 corporationEXPLANATION--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.