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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
533
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, McENENY -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the labor law, the county law, the general city law, the
general municipal law, the town law and the village law, in relation
to prohibiting municipalities from contracting with any private entity
for the provision of fire protection, suppression or prevention
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds that the
2 privatization of fire services by municipalities poses a considerable
3 threat to the lives, safety and property of individuals throughout the
4 state. Public sector fire services use all their resources solely to
5 provide service and protection to the public. Private sector fire
6 services exist to make a profit. Recent history has demonstrated that
7 the services, experience, and the administrative and personnel require-
8 ments of private companies do not compare with the high quality of
9 services and assurances of public safety provided by public sector fire
10 departments. Given the profound role fire departments play in protecting
11 the lives and property of all citizens, the legislature hereby declares
12 that no governmental body may contract with any private entity, organ-
13 ization, corporation or company for the furnishing of fire protection,
14 fire suppression and fire prevention services.
15 S 2. The labor law is amended by adding a new section 220-i to read as
16 follows:
17 S 220-I. CONTRACTS FOR FIRE PROTECTION. NO CITY, COUNTY, TOWN,
18 VILLAGE, AUTHORITY OR FIRE DISTRICT SHALL CONTRACT WITH ANY ENTITY FOR
19 THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES
20 WITHIN THE BOUNDARIES OF SUCH MUNICIPALITY, UNLESS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03440-01-9
A. 533 2
1 (A) SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
2 OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
3 THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
4 SUCH ENTITY; OR
5 (B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
6 S 3. Subdivision 9 of section 224 of the county law, as amended by
7 chapter 297 of the laws of 1952, is amended to read as follows:
8 (9) Fire training schools for training [firemen] FIREFIGHTERS, includ-
9 ing the power to pay to a city within or without the county for services
10 in the training of [firemen] VOLUNTEER FIREFIGHTERS of such county;
11 PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES, SHALL A COUNTY CONTRACT
12 FOR THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES
13 WITH:
14 (A) ANY ENTITY WHICH IS NOT CREATED BY A CITY, COUNTY, TOWN, VILLAGE,
15 AUTHORITY OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERN-
16 ING BODY OF THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT
17 ESTABLISHING SUCH ENTITY; OR
18 (B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
19 S 4. Subdivision 12 of section 20 of the general city law, as added by
20 chapter 247 of the laws of 1913, is amended to read as follows:
21 12. To prevent and extinguish fires and to protect the inhabitants of
22 the city and property within the city from loss or damage by fire or
23 other casualty; PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES SHALL ANY
24 CITY CONTRACT WITH ANY ENTITY FOR THE PROVISION OF FIRE PROTECTION,
25 SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDARIES OF SUCH CITY,
26 UNLESS:
27 (A) SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
28 OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
29 THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
30 SUCH ENTITY; OR
31 (B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
32 S 5. The general municipal law is amended by adding a new section
33 103-g to read as follows:
34 S 103-G. PROHIBITED CONTRACT; FIRE SERVICES. NO MUNICIPAL CORPORATION
35 OR AUTHORITY SHALL CONTRACT WITH ANY ENTITY FOR THE PROVISION OF FIRE
36 PROTECTION, SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDARIES OF
37 SUCH MUNICIPAL CORPORATION, UNLESS:
38 1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
39 OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
40 THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
41 SUCH ENTITY; OR
42 2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
43 S 6. The town law is amended by adding a new section 173-a to read as
44 follows:
45 S 173-A. PROHIBITED CONTRACT; FIRE SERVICES. NO TOWN OR FIRE DISTRICT
46 ESTABLISHED THEREBY SHALL CONTRACT WITH ANY ENTITY FOR THE PROVISION OF
47 FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDA-
48 RIES OF SUCH TOWN OR FIRE DISTRICT, UNLESS:
49 1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORI-
50 TY OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY
51 OF THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTAB-
52 LISHING SUCH ENTITY; OR
53 2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
54 S 7. Subparagraph a of paragraph 9 of subdivision 3 of section 4-412
55 of the village law, as added by chapter 976 of the laws of 1973, is
56 amended to read as follows:
A. 533 3
1 a. May contract for the furnishing of fire protection within the
2 village with the fire department in the village or with any city,
3 village, fire district, or incorporated fire company having its head-
4 quarters outside such village and maintaining adequate and suitable
5 apparatus and appliances for the furnishing of fire protection in such
6 village. UNDER NO CIRCUMSTANCES SHALL A VILLAGE CONTRACT WITH ANY ENTI-
7 TY FOR THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION
8 SERVICES WITHIN THE BOUNDARIES OF THE VILLAGE UNLESS:
9 1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
10 OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
11 THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
12 SUCH ENTITY; OR
13 2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
14 The contract also may provide for the furnishing of emergency service
15 in case of accidents, calamities or other emergencies in connection with
16 which the services of [firemen] FIREFIGHTERS would be required, as well
17 as in case of alarms of fire. The contract also may provide for the
18 furnishing of general ambulance service subject, however, to the
19 provisions of section two hundred nine-b of the general municipal law.
20 In the event that the fire department or fire company furnishing fire
21 protection within the village pursuant to contract does not maintain and
22 operate an ambulance then a separate contract may be made for the
23 furnishing within the village of emergency ambulance service or general
24 ambulance service, or both, with any city, village or fire district the
25 fire department of which, or with an incorporated fire company having
26 its headquarters outside the village which, maintains and operates an
27 ambulance subject, however, in the case of general ambulance service, to
28 the provisions of section two hundred nine-b of the general municipal
29 law.
30 S 8. This act shall take effect immediately, and shall apply to
31 contracts entered into on or after such effective date.
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