Relates to the Middletown-Hardenburgh fire district and makes technical changes.
Ayes (24): Skelos, DeFrancisco, Bonacic, Carlucci, Farley, Flanagan, Hannon, Golden, LaValle, Little, Marcellino, Nozzolio, Seward, Valesky, Young, Stewart-Cousins, Breslin, Dilan, Espaillat, Gianaris, Hassell-Thompson, Krueger, Montgomery, Perkins
Excused (1): Parker
BILL NUMBER:S1172 REVISED MEMO 01/09/2015
TITLE OF BILL: An act to amend chapter 324 of the laws of 2014 relating to authorizing the Middletown-Hardenburgh fire district to extend the fire district into the village of Margaretville, in relation to making technical corrections thereto
Makes technical corrections to chapter 324 as requested by the executive.
SUMMARY OF PROVISIONS:
This is a chapter amendment to S.6408C, signed into law last year as Chapter 324, as requested by the executive in approval memorandum #2 and agreed upon by both houses. It makes technical corrections that were identified and requested by the executive.
Section 1 includes new language to clarify the powers of the component town boards. Section 2 inserts the appropriate and controlling article of town law. Section 3 corrects the name of the surviving entity.
The new language is an amendment requested by the executive in his approval memo #2. It clarifies last year's bill authorizing an extension of the Middletown Hardenburgh Fire District into the village.
S.6408C/A.9111A - Chapter 324 of 2014.
None to the state.
STATE OF NEW YORK ________________________________________________________________________ 1172 2015-2016 Regular Sessions IN SENATE January 9, 2015 ___________Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend chapter 324 of the laws of 2014 relating to authorizing the Middletown-Hardenburgh fire district to extend the fire district into the village of Margaretville, in relation to making technical corrections thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 1, 2 and 3 of chapter 324 of the laws of 2014 relating to authorizing the Middletown-Hardenburgh fire district to extend the fire district into the village of Margaretville, is amended to read as follows: Section 1. Notwithstanding any contrary provisions of article 11 of the town law, commencing upon the effective date of a resolution adopted pursuant to section 10-1020 of the village law abolishing the fire department in the village of Margaretville, Delaware County, the town boards of Middletown and Hardenburgh, in the county of Delaware, pursu- ant to subdivision 2 of section 170 of the town law governing fire districts, SHALL HAVE THE POWER TO EXTEND the boundary of the Middle- town-Hardenburgh fire district
[shall be extended]to include the terri- torial boundaries of the village of Margaretville for the purposes of fire protection. S 2. Upon the completion by the town boards of Middletown and Harden- burgh of the proceedings authorized by section one of this act, the fire protection district in the town as extended shall be governed by the provisions of [section 184]ARTICLE 11 of the town law, and the Middle- town-Hardenburgh fire district shall continue to have all of the powers, duties, and responsibilities vested in and imposed on town boards by [section 184]ARTICLE 11 of the town law, and shall be subject to all of the limitations, procedures, and restrictions set forth in such section.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06011-01-5 S. 1172 2
S 3. On and after the completion of proceedings authorized by section one of this act, the not-for-profit fire corporation incorporated as the
["Margaretville Volunteer Fire Department, Inc."]"MIDDLETOWN-HARDEN- BURGH FIRE DISTRICT" shall maintain its corporate existence and continue to maintain apparatus, appliances and facilities within the village of Margaretville as it did before the enactment of this act. Such continued presence in the village of Margaretville shall not render the fire corporation the fire department of the village, nor shall it render the fire corporation under the control of the village authorities pursuant to paragraph (e) of section 1402 of the not-for-profit corporation law, provided, however, that for purposes of paragraph (e) of section 1402 of the not-for-profit corporation law, the fire corporation shall be under the control of the towns of Hardenburgh and Middletown. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on the date that chapter 324 of the laws of 2014 took effect.