Senate Bill S5126

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

                                  5126

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general  municipal  law,  in  relation  to  defining
  certain  terms related to municipal corporations and municipal cooper-
  ative activities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  b  of section 119-n of the general municipal
law, as amended by chapter 681 of the laws of 1961, is amended  to  read
as follows:
  b. The term "district" means a county or town improvement district for
which  the  county or town or towns in which such district is located is
or are required to pledge its or their faith and credit for the  payment
of  the  principal  of and interest on all indebtedness to be contracted
for the purposes of such district, AND AN AMBULANCE DISTRICT.
  S 2. Section 119-n of the general municipal law is amended  by  adding
two new subdivisions f and g to read as follows:
  F.  THE  TERM  "FIRE  CORPORATION"  MEANS A NOT-FOR-PROFIT CORPORATION
FORMED UNDER SECTION FOURTEEN HUNDRED TWO OF THE  NOT-FOR-PROFIT  CORPO-
RATION  LAW  OR  A  VOLUNTEER  FIRE  COMPANY OR DEPARTMENT THAT HAS BEEN
INCORPORATED UNDER THE LAWS OF THE STATE OF NEW YORK.
  G. THE TERM "VOLUNTEER FIRE COMPANY OR FIRE DEPARTMENT" MEANS A VOLUN-
TEER FIRE COMPANY OR FIRE DEPARTMENT AS DEFINED IN SECTION THREE OF  THE
VOLUNTEER FIREFIGHTERS' BENEFITS LAW.
  S  3. Subdivision 1, paragraphs a, b, c, d, h, and k of subdivision 2,
and subdivision 3 of section 119-o of the general municipal law,  subdi-
vision  1  as amended by chapter 623 of the laws of 1998, paragraph a of
subdivision 2 as amended by section 33 of part X of chapter  62  of  the
laws of 2003, paragraphs b, c and h of subdivision 2 as amended by chap-
ter  681  of  the  laws  of 1961, paragraphs d and k of subdivision 2 as
added by chapter 102 of the laws of 1960 and such subdivision as  desig-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11478-01-9
              

S. 5126                             2

nated  by chapter 681 of the laws of 1961, and subdivision 3 as added by
chapter 605 of the laws of 1993, are amended to read as follows:
  1. In addition to any other general or special powers vested in munic-
ipal  corporations and districts for the performance of their respective
functions, powers or duties on  an  individual,  cooperative,  joint  or
contract basis, municipal corporations, FIRE CORPORATIONS, AND VOLUNTEER
FIRE  COMPANIES  AND FIRE DEPARTMENTS, and districts shall have power to
enter into, amend, cancel and terminate agreements for  the  performance
among  themselves  or  one  for the other of their respective functions,
powers and duties  on  a  cooperative  or  contract  basis  or  for  the
provision  of  a  joint  service  or  a  joint water, sewage or drainage
project. Notwithstanding the foregoing grant of authority, the temporary
investment of moneys by more than one municipal corporation or  district
pursuant to a municipal cooperation agreement which meets the definition
of "cooperative investment agreement" as set forth in article three-A of
this chapter shall be in compliance with all of the requirements of that
article.  Any agreement entered into hereunder shall be approved by each
participating municipal corporation, FIRE  CORPORATION,  VOLUNTEER  FIRE
COMPANY,  FIRE  DEPARTMENT, or district by a majority vote of the voting
strength of its governing body. Where the  authority  of  any  municipal
corporation,  FIRE CORPORATION, VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT,
or district to perform by itself any function,  power  and  duty  or  to
provide  by itself any facility, service, activity, project or undertak-
ing or the financing thereof is, by any other general  or  special  law,
subject  to  a  public  hearing,  a  mandatory or permissive referendum,
consents of governmental agencies, or other requirements  applicable  to
the  making  of contracts, then its right to participate in an agreement
hereunder shall be similarly conditioned.
  a. A method or formula for  equitably  providing  for  and  allocating
revenues  and  for  equitably  allocating  and financing the capital and
operating costs, including payments to reserve funds authorized  by  law
and  payments  of  principal and interest on obligations. Such method or
formula shall be established by  the  participating  corporations,  FIRE
COMPANIES,  FIRE  DEPARTMENTS or districts on a ratio of full valuations
of real property, or on the basis of the amount of services rendered  or
to  be  rendered, or benefits received or conferred or to be received or
conferred, or on the increase in taxable assessed value attributable  to
the  function,  facility,  service,  activity  or  project  which is the
subject of an agreement, or on any other equitable basis, including  the
levying  of taxes or assessments to pay such costs on the entire area of
the corporation or district, or on a part thereof, which is benefited or
which receives the service.
  b. The manner of employing, engaging,  compensating,  transferring  or
discharging  necessary personnel, subject, however, to the provisions of
the civil  service  law  where  applicable;  the  making  of  employer's
contributions  for  retirement, social security, health insurance, work-
men's compensation and other similar benefits; the approval  of  attend-
ances  at  conventions, conferences and schools for public officials and
the approval and payment of travel and other expenses  incurred  in  the
performance  of  official duties; the bonding of designated officers and
employees; the filing of oaths of  office  and  resignations  consistent
with  general  laws  applicable  thereto;  provisions  that for specific
purposes designated officers or employees of  the  joint  service  or  a
joint water, sewage or drainage project shall be deemed those of a spec-
ified participating corporation, FIRE CORPORATION, VOLUNTEER FIRE COMPA-
NY, FIRE DEPARTMENT, or district; and provisions that personnel assigned

S. 5126                             3

to  a  joint  service or a joint water, sewage or drainage project shall
possess the same powers, duties, immunities and  privileges  they  would
ordinarily possess (1) if they performed their duties only in the corpo-
ration,  FIRE  CORPORATION,  VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT, or
district by which they are employed or (2) if they were employed by  the
corporation,  FIRE CORPORATION, VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT,
or district in which they are required to perform their duties.
  c. Responsibility for the establishment, operation and maintenance  of
the  joint  service  or  joint water, sewage or drainage project and the
officers responsible for the immediate supervision and control  thereof;
the fixing and collecting of charges, rates, rents or fees, where appro-
priate,  and  the  making  and promulgation of necessary rules and regu-
lations and their enforcement by or with the assistance of  the  partic-
ipating  corporations,  FIRE  COMPANIES, FIRE DEPARTMENTS and districts;
the conduct of hearings and the determination of issues raised  thereat;
the  making  of  necessary  inspections;  the keeping of records and the
making of reports including those  required  by  article  three  of  the
general  municipal  law;  and  limitations or restrictions on individual
participating  corporations,  FIRE  COMPANIES,  FIRE   DEPARTMENTS   and
districts from providing or undertaking similar or competing facilities,
services, activities, projects, or undertakings.
  d. Purchasing and making of contracts subject to general laws applica-
ble  to  municipal corporations, FIRE CORPORATIONS, FIRE COMPANIES, FIRE
DEPARTMENTS and school districts.
  h. Custody by the fiscal officer of one  participant  of  any  or  all
moneys  made  available for expenditure for the joint service or a joint
water, sewage or drainage project and authorization to such fiscal offi-
cer to make payments on audit of the auditing official or  body  of  the
participating  corporation,  FIRE  CORPORATION,  VOLUNTEER FIRE COMPANY,
FIRE DEPARTMENT, or district of which he is the fiscal officer.
  k. Adjudication of disputes or disagreements, the effects  of  failure
of  participating  corporations,  FIRE  COMPANIES,  FIRE  DEPARTMENTS or
districts to pay their shares of the costs and expenses and  the  rights
of the other participants in such cases.
  3.   Municipal  corporations,  FIRE  COMPANIES,  FIRE  DEPARTMENTS  OR
DISTRICTS are authorized as provided herein to adopt  a  mutual  sharing
plan  in order to undertake or receive any joint service on behalf of or
by another  municipal  corporation,  FIRE  CORPORATION,  VOLUNTEER  FIRE
COMPANY, FIRE DEPARTMENT, OR DISTRICT which has adopted a mutual sharing
plan.  Services  provided  pursuant to such mutual sharing plan shall be
subject to the alternative  assignment  of  responsibility  for  certain
expenses  and  liabilities relating to such joint service as provided by
this subdivision.
  a. A governing body may adopt a mutual  sharing  plan  by  local  law,
resolution  or  bylaw  to  confer  the benefits of this section upon the
employees of such municipal  corporation,  FIRE  CORPORATION,  VOLUNTEER
FIRE COMPANY, FIRE DEPARTMENT, OR DISTRICT and to be held liable for the
costs  incurred  in  the  event of participation in a joint service with
another municipal corporation, FIRE CORPORATION, VOLUNTEER FIRE COMPANY,
FIRE DEPARTMENT, OR DISTRICT which has adopted a  mutual  sharing  plan.
Such  plan shall describe the officers or employees authorized to under-
take or authorize receipt of a joint  service  pursuant  to  the  mutual
sharing  plan, any limitations upon joint services which may be rendered
or received pursuant to it, and how and when notice  of  joint  services
rendered  or  received pursuant to it shall be provided to the governing
body.

S. 5126                             4

  b. Upon adoption of a mutual sharing plan,  a  municipal  corporation,
FIRE  CORPORATION,  VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT, OR DISTRICT
may undertake or receive a joint service with another  municipal  corpo-
ration,  FIRE  CORPORATION,  VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT, OR
DISTRICT  which  has adopted a mutual sharing plan. The municipal corpo-
ration, FIRE CORPORATION, VOLUNTEER FIRE COMPANY,  FIRE  DEPARTMENT,  OR
DISTRICT  requesting  the  assistance  of another municipal corporation,
FIRE CORPORATION, VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT,  OR  DISTRICT
pursuant to a mutual sharing plan shall be liable and responsible to the
assisting municipal corporation, FIRE CORPORATION, VOLUNTEER FIRE COMPA-
NY,  FIRE DEPARTMENT, OR DISTRICT for any loss of or damage to equipment
employed in provision of such joint service  or  use  of  supplies  upon
provision of such joint service. Each municipal corporation, FIRE CORPO-
RATION,  VOLUNTEER  FIRE  COMPANY, FIRE DEPARTMENT, OR DISTRICT shall be
liable for salaries and other compensation due to  their  own  employees
for the time the employees are undertaking the joint service pursuant to
a  mutual  sharing  plan, however the municipal corporation, FIRE CORPO-
RATION, VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT, OR  DISTRICT  receiving
the  service  shall  reimburse the assisting municipal corporation, FIRE
CORPORATION, VOLUNTEER FIRE COMPANY, FIRE DEPARTMENT,  OR  DISTRICT  for
actual and necessary expenses upon written notice of such claim.
  c. The authority to adopt a mutual sharing plan and to undertake joint
services  pursuant  to  it  shall  be  in addition to any other power or
authority conferred on municipal corporations, FIRE  CORPORATIONS,  FIRE
COMPANIES, FIRE DEPARTMENTS OR DISTRICTS pursuant to this article or any
other general or special law. A joint service may not be rendered pursu-
ant  to  a  mutual sharing plan where another agreement has been entered
into pursuant to this section for such service between the assisting and
receiving municipal corporations,  FIRE  CORPORATIONS,  FIRE  COMPANIES,
FIRE DEPARTMENTS OR DISTRICTS.
  S 4. This act shall take effect immediately.