Bill Text: NY A08802 | 2021-2022 | General Assembly | Amended


Bill Title: Provides for state assistance to local governments for the enforcement of fire prevention and building codes using monies paid into the code enforcement account.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2022-02-16 - print number 8802a [A08802 Detail]

Download: New_York-2021-A08802-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8802--A

                   IN ASSEMBLY

                                    January 12, 2022
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Insurance -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the insurance law and the state finance law, in relation
          to  providing  for  state  assistance  to  local  governments  for the
          enforcement of fire prevention and building codes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 2 of subsection (b) of section 9108 of the insur-
     2  ance  law  is  amended  and  a  new  subsection  (f) is added to read as
     3  follows:
     4    (2) On or before the fifteenth day of February  of  each  year,  every
     5  insurance  company  required  to collect the fee imposed by this section
     6  shall file with [said] the  superintendent  an  annual  statement  in  a
     7  manner  the  superintendent  shall prescribe, which statement shall show
     8  the aggregate amount of gross premiums and premium deposits and  assess-
     9  ments  collected  during  the  immediately  preceding year for insurance
    10  against loss or injury and the several items of  deduction  referred  to
    11  under items (i) and (ii) of paragraph one of this subsection.
    12    (f) Commencing April first, two thousand twenty-three, all such monies
    13  received  by  the  superintendent  and  paid  into  the code enforcement
    14  account pursuant to this section shall be for the purpose of  state  aid
    15  to  localities for the enforcement of their relevant fire prevention and
    16  building codes in accordance with  section  fifty-four-g  of  the  state
    17  finance law and any administrative expenses incurred by the secretary of
    18  state pursuant to such programs.
    19    § 2. Section 54-g of the state finance law, as added by chapter 707 of
    20  the laws of 1981, subdivision 1 as amended by chapter 609 of the laws of
    21  1983, is amended to read as follows:
    22    §  54-g.  State  assistance to local governments for support of activ-
    23  ities related to fire prevention and building codes.  1.  Beginning  [in
    24  March,  nineteen  hundred eighty-two] on April first, two thousand twen-
    25  ty-three and annually thereafter, the secretary  of  state  shall  grant
    26  each  county,  city, village, and town [shall receive from moneys appro-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11562-04-2

        A. 8802--A                          2

     1  priated by the state in] outside a village monies from the code enforce-
     2  ment account as  established  in  and  pursuant  to  section  ninety-one
     3  hundred eight of the insurance law to support [of] activities related to
     4  the  administration  and  enforcement [in the previous calendar] year of
     5  their respective fire prevention and building codes [the sum of] in  the
     6  previous  calendar year in the amounts computed in paragraphs a [and], b
     7  and c below.
     8    a. One-half the amount [appropriated] of monies in the  code  enforce-
     9  ment  account  multiplied  by  the  proportion which the [population of]
    10  number of building permits issued by the county, city, village  or  town
    11  outside  a  village  bears to the [population of] number of such permits
    12  issued in the state taken as a whole.
    13    b. One-half the amount appropriated multiplied by the proportion which
    14  [the full value of] the number of fire safety inspections  conducted  by
    15  the  county,  city, village or town outside a village bears to the [full
    16  value of] number of fire  safety  inspections  conducted  in  the  state
    17  [taken  as  a whole]. The amount otherwise payable to a local government
    18  under this subdivision shall be reduced by the amount of  state  aid  to
    19  local  governments  for  housing maintenance code enforcement payable to
    20  such local government in the same state fiscal year under the provisions
    21  of section fifty-four-h of this chapter.
    22    c. Notwithstanding paragraphs a and b of this subdivision, no locality
    23  shall receive an amount greater than twenty percent of the amount avail-
    24  able in the code enforcement account per year.
    25    2. In the instance where, pursuant to section three hundred eighty-one
    26  of the New York state uniform fire prevention and building code act  set
    27  forth  in  article eighteen of the executive law, a county or the secre-
    28  tary of state administers and enforces the New York state  uniform  fire
    29  prevention and building code within a county, city, village or town, the
    30  funds  otherwise  payable to the county, city, village, or town shall be
    31  paid to the county or revert to the state, as the case may be.  Where  a
    32  county  or  the secretary of state has been so engaged for less than the
    33  entire calendar year provided in subdivision one, the  moneys  shall  be
    34  distributed to the city, village, or town, county or state in proportion
    35  to  the  length of time for which each was responsible for said adminis-
    36  tration and enforcement.
    37    3. To receive funds from the code enforcement account pursuant to this
    38  section, each county, city, village, or town  outside  a  village  shall
    39  submit  annually  to  the  secretary  of  state an application with such
    40  information as the secretary may require. The secretary shall  prescribe
    41  the  time and manner of such application and make such information known
    42  to the localities. Payouts to each qualifying county, city, village,  or
    43  town  outside  a  village pursuant to this section shall be made no less
    44  than quarterly.
    45    4. The terms used in this section shall have the meanings ascribed  to
    46  them in section fifty-four of this article.
    47    § 3. This act shall take effect immediately.
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