senate Bill S3739A

Signed by Governor

Relates to joint purchases by fire corporations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 02 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / Jun / 2012
    • PRINT NUMBER 3739A
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1291
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A10279A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.461
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.407

Summary

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

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Bill Details

See Assembly Version of this Bill:
A10279A
Versions:
S3739
S3739A
Legislative Cycle:
2011-2012
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1402, N-PC L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5126, S5126
2011-2012: S3739A

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3739--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.

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