Authorizes the town of Malone, in the county of Franklin, to extend the Malone fire protection district into the village of Malone.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to authorize the town of Malone, in the county of Franklin, to extend the town of Malone fire protection district into the village of Malone
PURPOSE: Authorizes the town of Malone, in the county of Franklin, to extend the Malone fire protection district into the village of Malone
SUMMARY OF PROVISIONS: Section One. Provides for action by the Village of Malone to abolish the Village Fire Department, and by the Town of Malone to extend the Malone Fire Protection District to include the Village of Malone.
Section Two. Authorizes the Town of Malone to contract, as provided by
§ 184 of the Town Law, with the extended Fire Protection District for protective services.
Section Three. The corporate existence of the "Malone Call Fireman, Inc." is continued, under the control of the Town of Malone.
Section Four. The Town of Malone shall use existing procedures in 170(2) and § 173( 1) of the Town Law for adoption of the Resolution to extend the District.
Section Five. Effective date.
JUSTIFICATION: The respective boards of the Town and Village of Malone have requested this legislation to provide for a change in governance of the Malone Call Fireman, Inc. The bill will authorize the Town's Malone Fire Protection District to be extended to include the entire Village of Malone, and the existing Village-run Fire Department to transfer to the jurisdiction of the Town.
The structural changes to the organization and oversight of the Malone Call Fireman, Inc. authorized by this measure shall require approval by the Village of Malone and the Town of Malone.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to the State.
LOCAL FISCAL IMPLICATIONS: Savings are expected for the Village of Malone.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 4151 A. 6558 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 21, 2011 ___________IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. DUPREY -- read once and referred to the Committee on Local Governments AN ACT to authorize the town of Malone, in the county of Franklin, to extend the town of Malone fire protection district into the village of Malone THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any contrary provisions of article 11 of the town law, commencing upon the effective date of a resolution adopted by the board of trustees of the village of Malone pursuant to section 10-1020 of the village law abolishing the fire department in the village of Malone, in the county of Franklin, the town board of the town of Malone, in the county of Franklin, in accordance with the procedures set forth in subdivision 2 of section 170 of the town law, shall have the power to extend the Malone fire protection district, located in the town of Malone to include and encompass the entire corporate limits of the village of Malone in such town. S 2. Upon the completion by the town of Malone of the proceedings authorized by section one of this act, the fire protection district in the town as extended shall be a fire protection district governed by the provisions of section 184 of the town law, and the town board of such town shall have all of the powers and duties vested in and imposed on town boards by section 184 of the town law, and shall be subject to all of the limitations, procedures and restrictions set forth in such section. S 3. On and after the completion of the proceedings authorized by section one of this act, the not-for-profit fire corporation incorpo-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10331-01-1 S. 4151 2 A. 6558
rated as the "Malone Call Firemen, Inc." shall maintain its corporate existence and may continue to maintain apparatus, appliances and facili- ties within the village of Malone for the furnishing of fire protection. Such continued presence in the village of Malone shall not render the fire corporation to be the fire department of such 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 corpo- ration 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 town of Malone. S 4. The completion by the town of Malone of the proceedings author- ized by section one of this act shall be deemed to occur when the town board of such town adopts a resolution extending a fire protection district as required by subdivision 2 of section 170 of the town law, provided, however, that nothing in this act shall be construed as relieving such town from complying with the provisions of subdivision 1 of section 173 of the town law. S 5. This act shall take effect immediately.