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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8802

                   IN ASSEMBLY

                                    January 12, 2022
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Insurance

        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-two, 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-two and annually thereafter, the secretary of state shall grant  each
    26  county,  city, village, and town [shall receive from moneys appropriated
    27  by the state in] outside a village  monies  from  the  code  enforcement

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11562-02-1
        A. 8802                             2

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