S. 3739 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
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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.
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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.
