What's happening
This bill requires incorporated fire companies to provide detailed cost statements before negotiating fire protection contracts with towns or villages.
Why it matters
Increased transparency and accountability. By requiring incorporated fire companies to file detailed, itemized cost statements—including breakdowns for supplies, personnel, equipment, insurance, and capital costs—taxpayers and local governments will have greater insight into how public funds are being used for fire protection services.
Improved negotiation leverage for municipalities. Towns and villages will have access to standardized financial information before entering into negotiations, potentially leading to fairer contract terms, more efficient use of resources, and better value for local taxpayers.
Potential administrative burden for fire companies. Incorporated fire companies, especially smaller volunteer organizations, may face new administrative and recordkeeping challenges as they must gather and submit additional documentation (such as IRS Form 990 and annual reports) prior to contract talks.
Flexibility for renewals and hardship cases. The bill allows waivers of the filing requirement for contract renewals or when local boards determine there is "good cause," balancing transparency goals with administrative flexibility for both fire companies and municipalities.
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Who cares
Incorporated fire companies
They would have to submit itemized service-cost estimates and copies of specified reports they are required to prepare before contract negotiations, unless an exemption or waiver applies.
Fire district commissioners
They would receive cost and financial documents before negotiations and could waive filing requirements for good cause, while automatic contract renewals would be exempt.
Town boards
They would receive the required filings before negotiating with incorporated fire companies and could grant full or partial waivers for good cause, with automatic renewals exempt.
Village boards of trustees
They would receive the required filings before contract negotiations and could waive all or part of the requirements by resolution for good cause.
Headline styles
Require Fire Contract Cost Statements
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.294
- Delivered to governor
- Returned to assembly
- Passed senateVote 60–0
- 3rd reading cal.1798
- Substituted for S5785
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.545
- Reported
- Reported referred to ways and means
Show 1 earlier action
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Fire Contract Cost Breakdown
Senate Floor Calendar · Sponsor Kathleen A. Marchione
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7089
2017-2018 Regular Sessions
IN ASSEMBLY
April 4, 2017
Introduced by M. of A. MAGNARELLI -- (at request of the State Comptroller) -- read once and referred to the Committee on Local Governments
AN ACT to amend the town law and the village law, in relation to fire protection contracts with incorporated fire companies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 22 of section 176 of the town law, as amended by chapter 167 of the laws of 1960, the first undesignated paragraph as amended by chapter 705 of the laws of 1967 and the closing paragraph as amended by chapter 520 of the laws of 1964, is amended to read as follows:
22. (a) May contract for the furnishing of fire protection within the fire district with any city, village, fire district, or incorporated fire company having its headquarters outside such fire district and maintaining adequate and suitable apparatus and appliances for the furnishing of fire protection in such district; provided there is no fire company maintaining its headquarters in said district or provided the fire department of said district is, in the judgment of such fire commissioners, unable to render adequate and prompt fire protection to such district or any area thereof. The contract also may provide for the furnishing of [(1)] (i) emergency service in case of accidents, calamities or other emergencies in connection with which the services of firemen would be required and [(2)] (ii) 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 district pursuant to contract does not maintain and operate an ambulance and provision has not otherwise been made for ambulance service for the area of the district pursuant to section one hundred twenty two-b of the general municipal law then a separate contract may be made for the furnishing within the district of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10779-02-7
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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 district 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.
(b)(i) Except as provided in subparagraph (ii) of this paragraph, prior to commencing the negotiation process for such contract with an incorporated fire company, the incorporated fire company shall file with the board of fire commissioners a statement itemizing the estimated costs of the incorporated fire company attributable to the provision of services under the prospective contract. The estimated costs attributable to the provision of services under the prospective contract itemized in the statement shall include, at a minimum, those, if any, for: supplies; materials; operation, maintenance and repair of equipment and apparatus; insurance; training; protective clothing, gear and other personnel costs; building rental, maintenance and operation; and a specified proportionate share of capital costs. If the fire company is required to prepare any of the following documents, copies shall be included with the statement:
(1) the fire company's most recent annual report of directors pursuant to section five hundred nineteen of the not-for-profit corporation law;
(2) the fire company's most recent verified certificate pursuant to subdivision (f) of section fourteen hundred two of the not-for-profit corporation law;
(3) the fire company's most recent internal revenue service form 990; and
(4) the fire company's most recent annual report pursuant to section thirty-a of the general municipal law.
(ii) The provisions of subparagraph (i) of this paragraph shall not apply to the renewal of a contract when the contract is deemed renewed in accordance with paragraph (e) of this subdivision. Upon good cause shown, the board of fire commissioners may, by resolution, waive in whole or in part the requirement that the fire company file the statement, and copies of documents, required by subparagraph (i) of this paragraph.
(c) The contract shall not be entered into until a public hearing has been held by the board of fire commissioners. Notice of the hearing shall be published at least once in at least one newspaper having general circulation in the district. The notice shall specify the time when and place where the hearing will be held, and describe in general terms the proposed contract. The first publication thereof shall be at least ten days prior to the day specified for the hearing.
(d) Except as hereinafter provided, the term of the contract shall be for a definite period of time, but in no event shall the term exceed five years. The contract year or years in all such contracts entered into after the year nineteen hundred sixty shall terminate on December thirty-first.
(e) Instead of being for a definite term as hereinabove provided, the contract may be for an original term of one calendar year or less and provide that it shall be deemed renewed on the same basis each year thereafter for a further term of one full calendar year without any further public hearing unless one of the contracting parties shall notify the other in writing on or before the first day of August that it elects to terminate the contract on December thirty-first in that year. The term of any such contract, including renewals, shall not exceed five
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years, but the contract may provide that there shall be less than four such renewals. If the city, village or fire district fire department or fire company which is to furnish the service under such a contract is not a fully paid department or company, the city, village or fire district governing board upon the request of the department or company, shall terminate the contract as provided in this paragraph. Any contract entered into pursuant to this paragraph may provide that in the month of July of each year in which such a renewal could occur the fire district secretary shall notify the secretary of the fire department or fire company which is to furnish the service under the contract that the contract shall be deemed renewed on the same basis for a further full term of one calendar year unless one of the contracting parties shall notify the other in writing on or before the first day of August that it elects to terminate the contract on December thirty-first in such year.
(f) The contract shall specify a definite sum to be paid each year for all of the services to be rendered thereunder and may provide that such amount shall be paid in one sum or in installments.
(g) By mutual consent of the contracting parties, and after a public hearing held pursuant to notice in the manner aforesaid, any such contract heretofore or hereafter executed may be [(1)] (i) amended, [(2)] (ii) terminated, or [(3)] (iii) terminated and a new contract may be entered into in lieu thereof, if the board of fire commissioners, after such hearing, shall determine by resolution, that it is in the public interest so to do. Such notice shall state in general terms the reason why any existing contract is to be amended or terminated, and if a new contract is to be entered into the notice shall also describe the new contract in general terms.
(h) The term "fire protection", as used in this subdivision, includes inspections of buildings and properties in the fire district for the purposes specified in and as authorized by section eight hundred seven-a of the education law, subdivision four of section three hundred three of the multiple residence law, and section one hundred eighty-nine of the town law.
(i) The provisions of this subdivision shall not be deemed to have amended subdivision two of section two hundred nine-b or section two hundred nine-d of the general municipal law, or any other general, special or local law requiring the consent of a fire department, fire company or an emergency rescue and first aid squad to the entering into of a contract for services to be performed by such department, company or squad.
§ 2. Section 184 of the town law is amended by adding a new subdivision 1-a to read as follows:
1-a. (a) Except as provided in paragraph (b) of this subdivision, prior to commencing the negotiation process for such contract with an incorporated fire company, the incorporated fire company shall file with the town board a statement itemizing the estimated costs of the incorporated fire company attributable to the provision of services under the prospective contract. The estimated costs attributable to the provision of services under the prospective contract itemized in the statement shall include, at a minimum, those, if any, for: supplies; materials; operation, maintenance and repair of equipment and apparatus; insurance; training; protective clothing, gear and other personnel costs; building rental, maintenance and operation; and a specified proportionate share of capital costs. If the fire company is required to prepare any of the following documents, copies shall be included with the statement:
A. 7089 4
(1) the fire company's most recent annual report of directors pursuant to section five hundred nineteen of the not-for-profit corporation law;
(2) the fire company's most recent verified certificate pursuant to subdivision (f) of section fourteen hundred two of the not-for-profit corporation law;
(3) the fire company's most recent internal revenue service form 990; and
(4) the fire company's most recent annual report pursuant to section thirty-a of the general municipal law.
(b) The provisions of paragraph (a) of this subdivision shall not apply to the renewal of a contract when the contract is deemed renewed in accordance with subdivision four of this section. Upon good cause shown, the town board may, by resolution, waive in whole or in part the requirement that the fire company file the statement, and copies of documents, required by paragraph (a) of this subdivision.
§ 3. Paragraph 9 of subdivision 3 of section 4-412 of the village law is amended by adding a new subparagraph a-1 to read as follows:
a-1. (i) Except as provided in clause (ii) of this subparagraph, prior to commencing the negotiation process for such contract with an incorporated fire company, the incorporated fire company shall file with the board of trustees a statement itemizing the estimated costs of the incorporated fire company attributable to the provision of services under the prospective contract. The estimated costs attributable to the provision of services under the prospective contract itemized in the statement shall include, at a minimum, those, if any, for: supplies; materials; operation, maintenance and repair of equipment and apparatus; insurance; training; protective clothing, gear and other personnel costs; building rental, maintenance and operation; and a specified proportionate share of capital costs. If the fire company is required to prepare any of the following documents, copies shall be included with the statement:
(A) the fire company's most recent annual report of directors pursuant to section five hundred nineteen of the not-for-profit corporation law;
(B) the fire company's most recent verified certificate pursuant to subdivision (f) of section fourteen hundred two of the not-for-profit corporation law;
(C) the fire company's most recent internal revenue service form 990; and
(D) the fire company's most recent annual report pursuant to section thirty-a of the general municipal law.
(ii) Upon good cause shown, the board of trustees may, by resolution, waive in whole or in part the requirement that the fire company file the statement, and copies of documents, required by clause (i) of this subparagraph.
§ 4. This act shall take effect on January first next succeeding the date on which it shall have become a law and shall apply to contracts with a term commencing after March first of the year in which it shall have become a law.
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