Bill Text: NY A07758 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to public notification of a reduction in force of any fire district, municipal, town or other local fire department.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-01-04 - referred to labor [A07758 Detail]

Download: New_York-2011-A07758-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7758
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Labor
       AN  ACT  to amend the labor law, in relation to public notification of a
         reduction in force of any fire district, municipal, town or any  other
         local fire department
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new  article  17-A  to
    2  read as follows:
    3                                ARTICLE 17-A
    4                             PUBLIC FIRE SAFETY
    5  SECTION 480. LEGISLATIVE FINDINGS AND INTENT.
    6          481. PROCEDURES FOR A REDUCTION IN FORCE.
    7    S  480.  LEGISLATIVE  FINDINGS  AND  INTENT. THE RESIDENTS OF NEW YORK
    8  STATE HAVE THE RIGHT TO OBTAIN NECESSARY FIRE PREVENTION AND FIRE SAFETY
    9  SERVICES.  IT IS THE PUBLIC POLICY OF THIS STATE TO PROMOTE A SAFE ENVI-
   10  RONMENT FOR RESIDENTS AND PROTECT SUCH RESIDENTS  FROM  RESIDENTIAL  AND
   11  COMMERCIAL FIRES.
   12    THEREFORE,  IT  IS THE INTENT OF THIS LEGISLATURE TO ENSURE THAT RESI-
   13  DENTS ARE FULLY AWARE OF ANY REDUCTION IN SUCH PROTECTIVE AND PREVENTIVE
   14  MEASURES BY REQUIRING A PUBLIC HEARING PRIOR TO ANY REDUCTION  IN  FORCE
   15  OF A MUNICIPAL, TOWN, OR ANY OTHER LOCAL FIRE DEPARTMENT.
   16    S  481. PROCEDURES FOR A REDUCTION IN FORCE. 1. AT LEAST SIX MONTHS IN
   17  ADVANCE OF A PROPOSED REDUCTION IN FORCE OF ANY FIRE  DISTRICT,  MUNICI-
   18  PAL,  TOWN,  OR ANY OTHER LOCAL FIRE DEPARTMENT, THE GOVERNING AUTHORITY
   19  IN WHICH SUCH FIRE DEPARTMENT IS LOCATED ARE HEREBY REQUIRED  TO  ESTAB-
   20  LISH  AN ADVISORY COMMITTEE ON THE PROPOSED REDUCTION TO INVESTIGATE THE
   21  IMPACT OF SUCH REDUCTION ON THE  ABILITY  OF  SAID  FIRE  DEPARTMENT  TO
   22  ADEQUATELY PREVENT AND SUPPRESS FIRES IN SUCH LOCATION.
   23    2.  THE FACTORS TO BE CONSIDERED BY THE COMMITTEE IN THE IMPACT STATE-
   24  MENT SHALL INCLUDE, BUT NOT BE LIMITED TO:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11561-01-1
       A. 7758                             2
    1    (A) THE CURRENT DUTIES PERFORMED BY FIRE PERSONNEL;
    2    (B) POSSIBLE IMPACT OF THE REDUCTION FIRE RESPONSE TIME;
    3    (C)  THE EFFECT SUCH REDUCTION WOULD HAVE ON AUXILIARY FIRE DEPARTMENT
    4  SERVICES INCLUDING BUT NOT LIMITED TO:  EDUCATIONAL  PROGRAMS,  TRAINING
    5  AND PROTECTIVE SERVICES;
    6    3. (A) SUCH IMPACT STATEMENT SHALL BE FILED WITH THE GOVERNING AUTHOR-
    7  ITY AND BE MADE AVAILABLE FOR PUBLIC INSPECTION. SUCH GOVERNING AUTHORI-
    8  TY  SHALL  PUBLISH  A  NOTICE  OF SUCH PROPOSED REDUCTION IN FORCE IN AT
    9  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY ONCE A  WEEK
   10  FOR  TWO  WEEKS,  AND  SHALL POST A NOTICE CONSPICUOUSLY IN THE AFFECTED
   11  LOCALITY, WHICH SHALL ALSO BE CIRCULATED  TO  ELECTED  STATE  AND  LOCAL
   12  PUBLIC OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
   13    (B)  AFTER  THE STATEMENT HAS BEEN FILED AND CIRCULATED, THE GOVERNING
   14  AUTHORITY, SHALL HOLD A PUBLIC HEARING TO EVALUATE  THE  IMPACT  OF  THE
   15  PROPOSED REDUCTION IN FORCE ON THE AFFECTED LOCALITY. SUCH HEARING SHALL
   16  BE  HELD  WITHIN  SIXTY  DAYS OF THE ISSUANCE OF THE IMPACT STATEMENT AT
   17  TIMES AND PLACES CONVENIENT AND ACCESSIBLE TO THE PUBLIC. NOTICE OF SUCH
   18  HEARING SHALL BE PUBLISHED BY SUCH GOVERNING AUTHORITY IN AT  LEAST  ONE
   19  NEWSPAPER  OF  GENERAL  CIRCULATION  IN THE LOCALITY ONCE A WEEK FOR TWO
   20  WEEKS, AND SHALL BE POSTED CONSPICUOUSLY IN THE AFFECTED  LOCALITY,  AND
   21  SHALL ALSO BE CIRCULATED TO ELECTED STATE AND LOCAL PUBLIC OFFICIALS WHO
   22  REPRESENT  THE AFFECTED COMMUNITIES. AT SUCH HEARING, FACTORS ENUMERATED
   23  IN SUBDIVISION TWO OF THIS SECTION SHALL BE CONSIDERED AND  ALTERNATIVES
   24  MAY BE PRESENTED BY INTERESTED PARTIES.
   25    (C)  THE  GOVERNING  AUTHORITY SHALL RENDER A DECISION AT A REGULAR OR
   26  SPECIAL MEETING, THE RESULTS OF WHICH SHALL BE RECORDED AND MADE  AVAIL-
   27  ABLE TO THE PUBLIC.
   28    S 2. This act shall take effect immediately.