Bill Text: NY A04430 | 2023-2024 | General Assembly | Introduced


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: Slight Partisan Bill (Democrat 8-4)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A04430 Detail]

Download: New_York-2023-A04430-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4430

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        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-four, 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06341-01-3

        A. 4430                             2

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