S T A T E O F N E W Y O R K
________________________________________________________________________
6344
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
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Introduced by M. of A. GORDON, PAULIN, LIFTON -- read once and referred
to the Committee on Insurance
AN ACT to amend the insurance law and the state finance law, in relation
to enforcement of the uniform fire prevention and building code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9108 of the insurance law is amended by adding a
new subsection (f) to read as follows:
(F) COMMENCING APRIL FIRST, TWO THOUSAND NINE, NOT LESS THAN ONE-HALF
OF MONEYS RECEIVED BY THE SUPERINTENDENT AND PAID INTO THE CODE ENFORCE-
MENT ACCOUNT PURSUANT TO THIS SECTION SHALL BE FOR THE SOLE PURPOSE OF
STATE AID TO MUNICIPALITIES FOR ENFORCEMENT OF THE UNIFORM FIRE
PREVENTION AND BUILDING CODE PURSUANT TO SECTION FIFTY-FOUR-G OF THE
STATE FINANCE LAW AND ANY ADMINISTRATIVE EXPENSES INCURRED BY THE SECRE-
TARY OF STATE PURSUANT TO SUCH PROGRAM. COMMENCING APRIL FIRST, TWO
THOUSAND TEN, ALL SUCH MONEYS SHALL BE FOR THE SOLE PURPOSE OF STATE AID
TO MUNICIPALITIES FOR ENFORCEMENT OF THE UNIFORM FIRE PREVENTION AND
BUILDING CODE PURSUANT TO SECTION FIFTY-FOUR-G OF THE STATE FINANCE LAW
AND ANY ADMINISTRATIVE EXPENSES INCURRED BY THE SECRETARY OF STATE
PURSUANT TO SUCH PROGRAMS.
S 2. Section 54-g of the state finance law, as added by chapter 707 of
the laws of 1981 and subdivision 1 as amended by chapter 609 of the laws
of 1983, is amended to read as follows:
S 54-g. State assistance to local governments for support of activ-
ities related to THE UNIFORM fire prevention and building [codes] CODE.
1. [Beginning in March, nineteen hundred eighty-two and annually there-
after, each city, village, and town shall receive from moneys] THE
SECRETARY OF STATE SHALL ANNUALLY GRANT AID TO COUNTIES, CITIES, TOWNS
AND VILLAGES FROM MONEYS COLLECTED BY THE STATE PURSUANT TO SECTION NINE
THOUSAND ONE HUNDRED EIGHT OF THE INSURANCE LAW AND appropriated by the
state in support of activities related to the administration and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07059-01-9
A. 6344 2
enforcement in the previous calendar year of [fire prevention and build-
ing codes] THE UNIFORM FIRE PREVENTION AND BUILDING CODE the sum of the
amounts computed in paragraphs a [and], b [below] AND C OF THIS SUBDIVI-
SION, PROVIDED, THAT, COMMENCING APRIL FIRST, TWO THOUSAND NINE, NOT
LESS THAN ONE-HALF OF THE MONEYS COLLECTED BY THE STATE PURSUANT TO
SECTION NINE THOUSAND ONE HUNDRED EIGHT OF THE INSURANCE LAW SHALL BE
GRANTED TO COUNTIES, CITIES, TOWNS AND VILLAGES FOR SUCH ACTIVITIES AND
COMMENCING APRIL FIRST, TWO THOUSAND TEN ALL SUCH MONEYS SHALL BE GRANT-
ED TO COUNTIES, CITIES, TOWNS AND VILLAGES FOR SUCH ACTIVITIES.
a. One-half the amount appropriated multiplied by the proportion which
[the population of the city, village or town outside a village bears to
the population of the state taken] THE NUMBER OF PERMITS ISSUED BY THE
COUNTY, CITY, VILLAGE OR TOWN OUTSIDE A VILLAGE BEARS TO THE NUMBER OF
PERMITS ISSUED IN THE STATE as a whole.
b. One-half the amount appropriated multiplied by the proportion which
[the full value of the city, village or town outside a village bears to
the full value of the state taken] THE NUMBER OF FIRE SAFETY INSPECTIONS
ISSUED BY THE COUNTY, CITY, VILLAGE OR TOWN OUTSIDE A VILLAGE BEARS TO
THE NUMBER OF FIRE SAFETY INSPECTIONS ISSUED IN THE STATE as a whole.
The amount otherwise payable to a local government under this subdivi-
sion shall be reduced by the amount of state aid to local governments
for housing maintenance code enforcement payable to such local govern-
ment in the same state fiscal year under the provisions of section
fifty-four-h of this [chapter] ARTICLE.
C. NOTWITHSTANDING PARAGRAPHS A AND B OF THIS SUBDIVISION, NO COUNTY
SHALL RECEIVE AN AMOUNT GREATER THAN THE PERCENTAGE SHARE COUNTYWIDE OF
CODE ENFORCEMENT ACTIVITIES ACTUALLY CONDUCTED BY THE COUNTY.
2. In the instance where, pursuant to section three hundred eighty-one
of the New York state uniform fire prevention and building code act set
forth in article eighteen of the executive law, [a county or] the secre-
tary of state administers and enforces the New York state uniform fire
prevention and building code within a city, village or town, the funds
otherwise payable to the city, village, or town shall [be paid to the
county or] revert to the state[, as the case may be]. Where [a county
or] the secretary of state has been so engaged for less than the entire
calendar year provided in subdivision one OF THIS SECTION, the moneys
shall be distributed to the city, village, or town, county or state in
proportion to the length of time for which each was responsible for said
administration and enforcement. TO RECEIVE MONEY FOR REIMBURSEMENT OF
COSTS ASSOCIATED WITH THE ADMINISTRATION OF THE UNIFORM FIRE PREVENTION
AND BUILDING CODE, EACH COUNTY, CITY, TOWN, AND VILLAGE SHALL ANNUALLY
ON SUCH DATES AS MAY BE FIXED BY THE SECRETARY OF STATE, SUBMIT AN
APPLICATION WITH SUCH INFORMATION AS THE SECRETARY OF STATE MAY REQUIRE.
THE SECRETARY OF STATE SHALL PRESCRIBE THE FORM OF SUCH APPLICATION.
3. The terms used in this section shall have the meanings ascribed to
them in section fifty-four of this article.
S 3. This act shall take effect immediately.