S T A T E   O F   N E W   Y O R K
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                                   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.