S T A T E   O F   N E W   Y O R K
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                                  6344

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

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.