NY State Senate Bill 2009-S4838

Senate Bill S4838

2009-2010 Legislative Session

Provides municipalities with funds for enforcement of the uniform fire prevention and building code

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to insurance
Apr 27, 2009	referred to insurance

2009-S4838 (ACTIVE) - Details

See Assembly Version of this Bill:: A6344
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §9108, Ins L; amd §54-g, St Fin L

2009-S4838 (ACTIVE) - Summary

Relates to providing municipalities with funds for enforcement of fire prevention, building and housing maintenance codes, and related laws.

2009-S4838 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4838

 TITLE OF BILL :
An act to amend the insurance law and the state finance law, in
relation to enforcement of the uniform fire prevention and building
code


 PURPOSE OF BILL :
To provide funding for local governments for the enforcement of the
uniform fire prevention and building code.

 SUMMARY OF PROVISIONS :
Section 1 amends section 9108 of the insurance law to provide that
funds raised from the fire insurance fee (1.25% fee on commercial fire
insurance premiums) be used solely for state aid to municipalities for
the enforcement of the uniform fire prevention and building code.
Commencing April 1, 2008, not less than one-quarter of the moneys from
such fee would be provided to municipalities for code enforcement, and
commencing April 1, 2009, all of such moneys would be provided to
municipalities for code enforcement purposes.

Section 2 amends section 54-g of the state finance law to provide the
manner by which the amounts received by municipalities would be
determined.

 JUSTIFICATION :
Until 1992, fire insurance fee money had been traditionally used to
reimburse local governments for code enforcement expenses. The fire
insurance fee is an additional 1.25% fee added to commercial fire
insurance premiums and collected by the superintendent of insurance.
In 1992, these funds were diverted to the general fund and state
assistance for local code enforcement activities were eliminated. This
elimination of funding has dealt a devastating blow to local code
enforcement efforts and many programs across the state have been
dismantled, putting the residents of New York State at risk. This bill
would provide a two-year phase-in for the restoration of these funds
for code enforcement activities of local governments.  Commencing
April 1, 2008, not less than one-quarter of the moneys from such fee
would be provided to municipalities for code enforcement, and
commencing April 1, 2009, all of such moneys would be provided to
municipalities for code enforcement purposes. By providing a two year
phase-in, this bill will minimize the impact on the general fund of
returning this money to the localities.

As New York State works to improve its building code through the
adoption of the International Family of Codes, it is imperative that
funding be available to ensure the enforcement of such code. This bill
would provide such funding without creating an additional tax.

 LEGISLATIVE HISTORY :
1999-00: S.6830-A, passed Senate; Veto Memo 59
2001-02: S.3912, referred to Finance
2003-04: S.1130, referred to Insurance
2005-06: S.4421-A, referred to Insurance
2007-08: S.3019-B, passed Senate

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
Immediately upon being signed into law.

2009-S4838 (ACTIVE) - Bill Text download pdf

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

                                  4838

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed 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

S. 4838                             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.

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