S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4027

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    March 14, 2011
                                      ___________

       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education

       AN ACT to amend the education law and  the  town  law,  in  relation  to
         requiring library and fire district budget proposal elections to occur
         on  the  same  day  as  the school district budget vote; and to repeal
         certain provisions of the town law relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subparagraph 1 of paragraph b of subdivision 1 of section
    2  259 of the education law, as amended by chapter 184 of the laws of 2007,
    3  is amended to read as follows:
    4    (1) Except as provided in subparagraph two of this paragraph, whenever
    5  qualified voters of a municipality, in a number equal to  at  least  ten
    6  per  centum  of  the total number of votes cast in such municipality for
    7  governor at the last gubernatorial election, shall so petition  and  the
    8  library board of trustees shall endorse, the question of establishing or
    9  increasing  the  amount  of  funding  of the annual contribution for the
   10  operating budget of a registered public or free association  library  by
   11  such municipality to a sum specified in said petition, shall be voted on
   12  [at  the next general election of such municipality] THE SAME DAY AS THE
   13  SCHOOL DISTRICT BUDGET VOTE IS HELD FOR SUCH MUNICIPALITY, provided that
   14  due public notice of the proposed  action  shall  have  been  given.  An
   15  increase  in  library  funding provided pursuant to this paragraph shall
   16  not apply to a municipal budget  adopted  prior  to  the  date  of  such
   17  election.
   18    S  2.  Section  105  of the town law, as amended by chapter 240 of the
   19  laws of 2006 and subdivision 1 as amended by chapter 555 of the laws  of
   20  2007, is amended to read as follows:
   21    S 105. Fire district estimates and budget. 1. The board of commission-
   22  ers  of  each  fire district shall submit the fire district budget on or
   23  before the [seventh] TWENTIETH day of [November]  APRIL  to  the  budget

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06987-01-1

       S. 4027                             2

    1  officer. The fire district budget shall be in the form prescribed by and
    2  pursuant  to  subdivision one of section one hundred seven of this arti-
    3  cle, and shall be adopted  in  the  manner  prescribed  in  section  one
    4  hundred eighty-one of this chapter.
    5    2.  The  budget  officer  shall  affix the fire district budget to the
    6  annual town budget[, established pursuant to section one hundred nine of
    7  this article,] as a part thereof. No change shall be made by the  budget
    8  officer or the town board in the budget submitted by a fire district.
    9    3.  SUCH  FIRE DISTRICT BUDGET PROPOSAL SHALL BE SUBMITTED TO THE VOTE
   10  OF THE ELECTORS ON THE SAME DAY AS THE SCHOOL DISTRICT  BUDGET  VOTE  IS
   11  HELD  FOR  SUCH  MUNICIPALITY.  IF  THE BUDGET PROPOSAL IS REJECTED, THE
   12  BOARD OF COMMISSIONERS SHALL SUBMIT TO  THE  ELECTORS,  A  REVISED  FIRE
   13  DISTRICT  BUDGET PROPOSAL. IF SUCH PROPOSAL IS NOT ADOPTED, THE BOARD OF
   14  COMMISSIONERS SHALL SUBMIT A BUDGET WITH  APPROPRIATIONS  EQUAL  TO  THE
   15  APPROPRIATIONS FOR THE CURRENT YEAR.
   16    S 3. Section 109 of the town law is REPEALED.
   17    S 4. Paragraph (a) of subdivision 3 of section 181 of the town law, as
   18  amended  by  chapter  555  of  the  laws  of 2007, is amended to read as
   19  follows:
   20    (a) The board of commissioners of each  fire  district  shall  hold  a
   21  public  hearing  on  the  [third]  FOURTH  Tuesday in [October] APRIL to
   22  discuss the contents of  the  proposed  budget.  The  hearing  shall  be
   23  conducted and scheduled in a manner that maximizes participation. Notice
   24  of  such public hearing shall be published at least once in the official
   25  newspaper, or if no official newspaper has been designated, in any news-
   26  paper having general circulation in the district.  At  least  five  days
   27  shall elapse between the date of the first publication of the notice and
   28  the  date  specified  for the hearing. The notice of hearing shall state
   29  the time when and the place where the public hearing will be  held,  the
   30  purpose  thereof  and that a copy of the proposed budget is available at
   31  the office of the town clerk or clerks and fire district secretary where
   32  it may be inspected by any interested person during office hours. In the
   33  case of a fire district that maintains an internet website,  the  notice
   34  of  hearing  shall  also state that the proposed budget is posted on the
   35  fire district's website. The town clerk or clerks shall cause a copy  of
   36  the  notice  to  be  posted on the signboard of the town or towns, main-
   37  tained pursuant to subdivision six of section thirty  of  this  chapter,
   38  not later than five days before the day designated for such hearing. The
   39  notice  shall  also  be  posted  on  the  municipal and/or fire district
   40  website or websites, if one exists. At such hearing, any person  may  be
   41  heard  in favor of or against the proposed budget as compiled, or for or
   42  against any item or items therein contained.
   43    S 5. The state board of elections shall  promulgate  rules  and  regu-
   44  lations  for  the  implementation  of  voting  for  the library and fire
   45  district budget proposal, on the same day as the school district  budget
   46  vote for each municipality.
   47    S  6.  This act shall take effect immediately; provided, however, that
   48  sections one, two, three, and four of this act shall take effect January
   49  1, 2013.