Increases the revenue threshold for annual audit of fire districts from $200,000 to $300,000.
TITLE OF BILL: An act to amend the general municipal law and the town law, in relation to increasing the revenue threshold for annual audit of fire districts
PURPOSE OR GENERAL IDEA OF BILL: This bill will raise the revenue level at which fire departments are audited from $200,000 to $300,000.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends subdivision 1 of section 209-z of the general municipal law to read that any fire company which brings in a revenue the exceeds $300,000 must obtain an annual audit of its records.
JUSTIFICATION: The fire districts of New York State are experiencing an increase in the cost of goods and services. This constant rise in costs has brought fire districts close to exceeding the $200,000 limit on an annual basis. Under current law, if a district exceeds the $200,000 revenue limit an audit must be done. However, the cost of this audit is an additional cost to the taxpayers of this district. This burden grows further if the district exceeds this limit regularly. This legislation allows for further expansion of the services the district can provide without any unnecessary burden on the taxpayers to pay for annual audits.
PRIOR LEGISLATIVE HISTORY: 2011-12: A1743 referred to Ways & Means 2009-10: A9248 referred to Local Governments
FISCAL IMPLICATIONS: No negative impacts to the state.
EFFECTIVE DATE: This act will be effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 5574 2013-2014 Regular Sessions IN SENATE May 22, 2013 ___________Introduced by Sen. BOYLE -- 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 and the town law, in relation to increasing the revenue threshold for annual audit of fire districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 209-z of the general municipal law, as amended by chapter 555 of the laws of 2007, is amended to read as follows: 1. Notwithstanding any provision of general or special law to the contrary, any fire company with revenues of
[two]THREE hundred thousand dollars, or such lesser amount as the state comptroller shall designate, that contracts with a city, town, village or fire district to provide fire service shall obtain an annual audit of its records by an independ- ent certified public accountant or an independent public accountant. Such audit shall be an examination of the revenues and expenditures in connection with such contract or contracts. Such audit shall indicate whether the fire company has filed Internal Revenue Service Form 990 and any report required pursuant to section thirty-three-a of this chapter. If such filings are required and have not been made, the audit shall include an examination of all revenues, expenditures and resources from any source. For purposes of this section, the term "fire company" shall have the same meaning as set forth for such term in section three of the volunteer firefighters' benefit law. S 2. Subdivisions 1 and 2 of section 181-b of the town law, as added by chapter 237 of the laws of 2006 and such section as renumbered by chapter 555 of the laws of 2007, are amended to read as follows: 1. The commissioner of each fire district with revenues of [two]THREE hundred thousand dollars or more shall obtain an annual audit of its records by an independent certified public accountant or an independent public accountant. The report of such annual audit shall be presented toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02981-01-3 S. 5574 2
the fire district board of fire commissioners by such accountant. Such fire district audit shall include, but not be limited to, the district's financial conditions and resources and such other things as the state comptroller may designate. A copy of the audit report in form prescribed by the state comptroller and certified by the accountant, shall be furnished to the commissioners, the town boards served by the district and the state comptroller within one hundred eighty days following the end of the fiscal year audited. 2. The commissioner of each fire district with revenues of less than
[two]THREE hundred thousand dollars shall report the district's finan- cial conditions and resources and such other things as the state comp- troller may designate on a form prescribed by him or her. A copy of such report shall be issued to the state comptroller within one hundred eighty days following the end of the fiscal year. The state comptroller may designate an amount below which no report shall be required. S 3. This act shall take effect immediately.