S T A T E   O F   N E W   Y O R K
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                                  10794

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. J. Miller)
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the town law, in relation to elections of fire  district
  officers

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

  Section 1. Subdivision 1 of section 175 of the town law, as amended by
chapter 334 of the laws of 2011, is amended to read as follows:
  1. An annual election shall be held  in  each  fire  district  on  the
second Tuesday in December, except that:
  (A)  in  the  Ocean  Bay  Park  fire  district,  the  Lonelyville fire
district, the Davis Park fire district, the Cherry Grove fire  district,
the  Fair  Harbor fire district and the Fire Island Pines fire district,
Suffolk county, such annual election shall be held on the second Tuesday
in July[, except that];
  (B) in the town of Salisbury, Herkimer county,  AND  IN  THE  FAIRVIEW
FIRE  DISTRICT  AND  THE  ARLINGTON FIRE DISTRICT, DUTCHESS COUNTY, such
annual election shall be held on the Tuesday next succeeding  the  first
Monday in November from six o'clock in the morning until nine o'clock in
the evening [and except that]; AND
  (C)  in  the  Belfast  fire  district,  Allegany  county,  such annual
election shall be held on the first Tuesday in December.  The  board  of
fire  commissioners  shall  give  notice thereof by the publication of a
notice once in one or more newspapers having a  general  circulation  in
the  district.  The  first  publication of such notice shall be not less
than twenty-seven days and not more than thirty-four days prior  to  the
date  of  such election. Such notice shall specify the time when and the
place where such election will be held, the officers to be elected ther-
eat and their terms of office, and the hours during which the polls will
be open for the receipt of ballots. The secretary of such fire  district
shall  prepare  the  ballots for all elections of fire district officers
and the polls shall remain open for the receipt thereof at all elections
of fire district officers from six o'clock in  the  evening  until  nine
o'clock in the evening and such additional consecutive hours prior ther-

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

                                                           LBD16339-01-2

A. 10794                            2

eto  as the board of fire commissioners of such district may have deter-
mined and specified in the notice thereof. The board of fire commission-
ers shall designate a resident fire district elector,  who  shall  be  a
registered voter of the town, to act as chairman of any election of said
district  and shall designate not less than two nor more than four resi-
dent fire district electors, who shall be registered voters of the  town
to  act  as  election inspectors and ballot clerks at such elections. No
elective officer of the fire district shall serve as such chairman or as
an election inspector or ballot clerk. The board of  fire  commissioners
may adopt a resolution providing that such chairman, election inspectors
and  ballot  clerks  shall  be paid for their respective services at any
such annual election or at any special election of  the  fire  district.
Such  resolution, if adopted, shall fix the amount of such compensation,
as follows: if the hours during which the polls will  be  open  for  the
receipt  of  ballots  are  from  six  o'clock  in the evening until nine
o'clock in the evening, a sum not to exceed thirty-five dollars for each
such official; if additional consecutive hours prior to six  o'clock  in
the  evening  are  determined and specified in the notice of election, a
sum not to exceed fifty dollars for each such official.
  S 2. Subdivision 1 of section 174 of the town law, as amended by chap-
ter 74 of the laws of 2009, is amended to read as follows:
  1. Whenever a fire district shall  be  established,  within  ten  days
thereafter  the town board of the town in which such district is located
or, in the case of a district including territory in two or more  towns,
the  town  boards of such towns acting jointly by a majority vote of the
members of each of such town boards, shall appoint  five  fire  district
commissioners  and  a  treasurer  for such district who shall hold their
respective offices until the thirty-first day of December next  succeed-
ing;  provided, however, that if such district be established subsequent
to the first day of October in any year, the officers  so  appointed  by
the  town board shall hold office until the thirty-first day of December
of the next succeeding calendar year. A  person  so  appointed  as  fire
district commissioner shall not serve as chief or assistant chief of the
fire  district  fire  department after taking his oath of office as such
commissioner and during the time he serves as such commissioner pursuant
to such  appointment.  The  town  clerk  shall  immediately  notify  the
appointees of their appointment and of the time and place which he shall
fix  for  the  organization  meeting of the board of fire commissioners,
which meeting shall be held not later than ten days after  the  appoint-
ment of said officers. At such organization meeting, the treasurer shall
preside until such time as a chairman of the board of fire commissioners
shall  be  chosen, but such treasurer shall not be entitled to a vote at
such meeting. The board of fire commissioners shall appoint a  secretary
who  shall  hold office until the thirty-first day of December following
the first election of  fire  district  officers.    NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  LAW, AND SUBJECT TO THE PROVISIONS OF PARA-
GRAPHS (A) AND (B) OF THIS SUBDIVISION, THE BOARD OF FIRE  COMMISSIONERS
IN  FIRE  DISTRICTS  SPECIFIED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF
SECTION ONE HUNDRED SEVENTY-FIVE OF THIS ARTICLE SHALL  BE  EXPANDED  TO
INCLUDE  THE  TOWN SUPERVISOR AND A TAXPAYER REPRESENTATIVE APPOINTED BY
THE TOWN BOARD. NEITHER THE TOWN SUPERVISOR OR THE TOWN  BOARD  TAXPAYER
REPRESENTATIVE  SHALL  BE MEMBERS OF SAID FIRE DISTRICT WHILE SERVING ON
THE BOARD OF FIRE COMMISSIONERS. BOTH THE TOWN SUPERVISOR AND  THE  TOWN
BOARD TAXPAYER REPRESENTATIVE SHALL BE VOTING MEMBERS.
  (A)  IN  FIRE  DISTRICTS  COMPOSED  ENTIRELY OF ONE MUNICIPALITY, UPON
RECEIPT OF A PETITION SIGNED BY AT LEAST TEN  QUALIFIED  VOTERS  OF  THE

A. 10794                            3

AFFECTED  FIRE DISTRICT REQUESTING A MEETING TO CONSIDER THE APPOINTMENT
OF THE TOWN SUPERVISOR AND A TAXPAYER REPRESENTATIVE AS MEMBERS  OF  THE
BOARD  OF  FIRE COMMISSIONERS, A SPECIAL MEETING SHALL BE CALLED TO GAIN
THE  APPROVAL  OF  THE QUALIFIED VOTERS OF THE DISTRICT FOR THE PROPOSED
MEASURE. THE BOARD MUST  GIVE  PUBLIC  NOTICE  THAT  A  MEETING  OF  THE
DISTRICT  WILL  BE  HELD  AT  CENTRALLY LOCATED PLACES DESIGNATED BY THE
BOARD OF ELECTIONS IN ORDER TO VOTE UPON THE MEASURE. THE  MEETING  MUST
BE HELD NOT LESS THAN TWENTY NOR MORE THAN THIRTY DAYS AFTER PUBLICATION
OF THE NOTICE. IF THE MEASURE IS APPROVED, REPRESENTATION SHALL BEGIN AT
THE COMMENCEMENT OF THE NEXT ELECTION CYCLE. IF THE MEASURE IS DEFEATED,
THE QUESTION MAY NOT BE RAISED AGAIN FOR ONE YEAR.
  (B)  IN  FIRE  DISTRICTS  COMPOSED OF TWO OR MORE MUNICIPALITIES, UPON
RECEIPT OF A PETITION SIGNED BY AT LEAST TEN QUALIFIED  VOTERS  OF  EACH
AFFECTED  FIRE DISTRICT REQUESTING A MEETING TO CONSIDER THE APPOINTMENT
OF THE TOWN SUPERVISOR AND A TAXPAYER REPRESENTATIVE AS MEMBERS  OF  THE
BOARD  OF  FIRE COMMISSIONERS, A SPECIAL MEETING SHALL BE CALLED IN EACH
DISTRICT TO GAIN THE APPROVAL OF THE QUALIFIED VOTERS OF  EACH  DISTRICT
FOR  A  PROPOSED  AGREEMENT  PROVIDING FOR ALTERNATING REPRESENTATION BY
EACH MUNICIPAL GOVERNMENT. EACH BOARD MUST GIVE  PUBLIC  NOTICE  THAT  A
MEETING  OF  AFFECTED DISTRICTS WILL BE HELD AT CENTRALLY LOCATED PLACES
DESIGNATED BY THE BOARD OF ELECTIONS IN ORDER TO VOTE UPON THE  MEASURE.
THE  MEETING MUST BE HELD NOT LESS THAN TWENTY NOR MORE THAN THIRTY DAYS
AFTER PUBLICATION OF THE NOTICE. IF THE MEASURE IS DEFEATED  IN  ANY  OF
THE  AFFECTED  MUNICIPALITIES  IT SHALL BE DEEMED TO HAVE FAILED. IF THE
MEASURE IS APPROVED, REPRESENTATION SHALL BEGIN AT THE  COMMENCEMENT  OF
THE  NEXT  ELECTION  CYCLE. IF THE MEASURE IS DEFEATED, THE QUESTION MAY
NOT BE RAISED AGAIN FOR ONE YEAR.
  S 3. This act shall take effect immediately and  shall  apply  to  the
election cycle of a fire district next succeeding such date.