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:
Section 1. Legislative intent. The legislature hereby finds that the
privatization of fire services by municipalities poses a considerable
threat to the lives, safety and property of individuals throughout the
state. Public sector fire services use all their resources solely to
provide service and protection to the public. Private sector fire
services exist to make a profit. Recent history has demonstrated that
the services, experience, and the administrative and personnel require-
ments of private companies do not compare with the high quality of
services and assurances of public safety provided by public sector fire
departments. Given the profound role fire departments play in protecting
the lives and property of all citizens, the legislature hereby declares
that no governmental body may contract with any private entity, organ-
ization, corporation or company for the furnishing of fire protection,
fire suppression and fire prevention services.
S 2. The labor law is amended by adding a new section 220-i to read as
follows:
S 220-I. CONTRACTS FOR FIRE PROTECTION. NO CITY, COUNTY, TOWN,
VILLAGE, AUTHORITY OR FIRE DISTRICT SHALL CONTRACT WITH ANY ENTITY FOR
THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES
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
(A) SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
SUCH ENTITY; OR
(B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
S 3. Subdivision 9 of section 224 of the county law, as amended by
chapter 297 of the laws of 1952, is amended to read as follows:
(9) Fire training schools for training [firemen] FIREFIGHTERS, includ-
ing the power to pay to a city within or without the county for services
in the training of [firemen] VOLUNTEER FIREFIGHTERS of such county;
PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES, SHALL A COUNTY CONTRACT
FOR THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES
WITH:
(A) ANY ENTITY WHICH IS NOT CREATED BY A CITY, COUNTY, TOWN, VILLAGE,
AUTHORITY OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERN-
ING BODY OF THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT
ESTABLISHING SUCH ENTITY; OR
(B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
S 4. Subdivision 12 of section 20 of the general city law, as added by
chapter 247 of the laws of 1913, is amended to read as follows:
12. To prevent and extinguish fires and to protect the inhabitants of
the city and property within the city from loss or damage by fire or
other casualty; PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES SHALL ANY
CITY CONTRACT WITH ANY ENTITY FOR THE PROVISION OF FIRE PROTECTION,
SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDARIES OF SUCH CITY,
UNLESS:
(A) SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
SUCH ENTITY; OR
(B) SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
S 5. The general municipal law is amended by adding a new section
103-g to read as follows:
S 103-G. PROHIBITED CONTRACT; FIRE SERVICES. NO MUNICIPAL CORPORATION
OR AUTHORITY SHALL CONTRACT WITH ANY ENTITY FOR THE PROVISION OF FIRE
PROTECTION, SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDARIES OF
SUCH MUNICIPAL CORPORATION, UNLESS:
1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
SUCH ENTITY; OR
2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
S 6. The town law is amended by adding a new section 173-a to read as
follows:
S 173-A. PROHIBITED CONTRACT; FIRE SERVICES. NO TOWN OR FIRE DISTRICT
ESTABLISHED THEREBY SHALL CONTRACT WITH ANY ENTITY FOR THE PROVISION OF
FIRE PROTECTION, SUPPRESSION OR PREVENTION SERVICES WITHIN THE BOUNDA-
RIES OF SUCH TOWN OR FIRE DISTRICT, UNLESS:
1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORI-
TY OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY
OF THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTAB-
LISHING SUCH ENTITY; OR
2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
S 7. Subparagraph a of paragraph 9 of subdivision 3 of section 4-412
of the village law, as added by chapter 976 of the laws of 1973, is
amended to read as follows:
A. 533 3
a. May contract for the furnishing of fire protection within the
village with the fire department in the village or with any city,
village, fire district, or incorporated fire company having its head-
quarters outside such village and maintaining adequate and suitable
apparatus and appliances for the furnishing of fire protection in such
village. UNDER NO CIRCUMSTANCES SHALL A VILLAGE CONTRACT WITH ANY ENTI-
TY FOR THE PROVISION OF FIRE PROTECTION, SUPPRESSION OR PREVENTION
SERVICES WITHIN THE BOUNDARIES OF THE VILLAGE UNLESS:
1. SUCH ENTITY IS CREATED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY
OR FIRE DISTRICT AND SUBJECT TO THE SUPERVISION OF THE GOVERNING BODY OF
THE CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR FIRE DISTRICT ESTABLISHING
SUCH ENTITY; OR
2. SUCH ENTITY IS A NOT-FOR-PROFIT CORPORATION.
The contract also may provide for the furnishing of emergency service
in case of accidents, calamities or other emergencies in connection with
which the services of [firemen] FIREFIGHTERS would be required, as well
as in case of alarms of fire. The contract also may provide for the
furnishing of general ambulance service subject, however, to the
provisions of section two hundred nine-b of the general municipal law.
In the event that the fire department or fire company furnishing fire
protection within the village pursuant to contract does not maintain and
operate an ambulance then a separate contract may be made for the
furnishing within the village of emergency ambulance service or general
ambulance service, or both, with any city, village or fire district the
fire department of which, or with an incorporated fire company having
its headquarters outside the village which, maintains and operates an
ambulance subject, however, in the case of general ambulance service, to
the provisions of section two hundred nine-b of the general municipal
law.
S 8. This act shall take effect immediately, and shall apply to
contracts entered into on or after such effective date.