Bill Text: NY S03739 | 2011-2012 | General Assembly | Amended

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

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Bill Title: Relates to joint purchases of goods, supplies and services by fire corporations.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-08-17 - SIGNED CHAP.407 [S03739 Detail]

Download: New_York-2011-S03739-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3739--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 2, 2011
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government -- recom-
         mitted to the Committee on Local Government in accordance with  Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the not-for-profit corporation law, in relation to joint
         purchases by fire corporations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraph (e) of section 1402 of the not-for-profit corpo-
    2  ration law, subparagraph 1 as amended by chapter 719 of the laws of 1985
    3  and  subparagraph  5  as  added  by  chapter 307 of the laws of 1980, is
    4  amended to read as follows:
    5    (e) Powers.
    6    (1)  A fire, hose, protective or hook and ladder  corporation  hereto-
    7  fore  incorporated under any general law or a fire corporation hereafter
    8  incorporated under this section shall be under the control of the  city,
    9  village,  fire district or town authorities having, by law, control over
   10  the prevention or extinguishment of fires therein. Such authorities  may
   11  adopt  rules  and  regulations  for  the  government and control of such
   12  corporations. Notwithstanding the provisions of any such  local  law,  a
   13  person who has been convicted of arson in any degree shall not be eligi-
   14  ble  for nomination, election or appointment to any office of the corpo-
   15  ration, nor may such person serve as director of the corporation.    Any
   16  fire  corporation  officer  or director who is convicted of arson in any
   17  degree during his term of office shall be disqualified  from  completing
   18  such term of office.
   19    (2) Where a fire corporation formed outside of a city, village or fire
   20  district  furnishes  fire protection to territory outside of the bounda-
   21  ries specified in its certificate of incorporation, the fire corporation
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06708-03-2
       S. 3739--A                          2
    1  and the members thereof shall be under the exclusive control of the town
    2  board of the town in which the fire corporation maintains its apparatus.
    3    (3)  The  emergency  relief  squad  of a fire corporation incorporated
    4  under this section or subject to the provisions thereof shall have power
    5  to furnish general ambulance service  when  duly  authorized  under  the
    6  provisions of section two hundred nine-b of the general municipal law.
    7    (4) Any fire company incorporated under this section or subject to the
    8  provisions thereof shall have power to engage in fund raising activities
    9  pursuant to section two hundred four-a of the general municipal law.
   10    [5.]  (5)  Any fire company incorporated under this section or subject
   11  to the provisions thereof shall have power, subject to the  approval  or
   12  authorization of the town board, to attend a funeral.
   13    (6)  FIRE, HOSE, PROTECTIVE OR HOOK AND LADDER CORPORATIONS HERETOFORE
   14  INCORPORATED UNDER ANY GENERAL LAW OR FIRE CORPORATIONS HEREAFTER INCOR-
   15  PORATED UNDER THIS SECTION OR VOLUNTEER FIRE COMPANIES OR  FIRE  DEPART-
   16  MENTS  AS  DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENE-
   17  FITS LAW ARE HEREBY AUTHORIZED TO ENTER INTO CONTRACTS AMONG  THEMSELVES
   18  AND  AMONG  MUNICIPAL  CORPORATIONS  FOR  THE  JOINT  PURCHASE OF GOODS,
   19  SUPPLIES AND SERVICES. PROVIDED THAT THE PROVISIONS OF ARTICLE FIVE-A OF
   20  THE GENERAL MUNICIPAL LAW SHALL BE CONTROLLING FOR  ANY  PROPOSED  JOINT
   21  PURCHASE  BETWEEN  SUCH  FIRE  CORPORATION, COMPANY, OR DEPARTMENT AND A
   22  MUNICIPAL CORPORATION. FOR THE PURPOSES OF THIS  SUBPARAGRAPH  THE  TERM
   23  "MUNICIPAL  CORPORATION"  SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, FIRE
   24  DISTRICT, OR AMBULANCE DISTRICT.
   25    S 2. This act shall take effect immediately.