Bill S6871-2011

Authorizes the town of Salem to extend the Salem fire protection district into the village of Salem

Authorizes the town of Salem, in the county of Washington, to extend the Salem fire protection district into the village of Salem.

Details

Actions

  • Aug 17, 2012: SIGNED CHAP.418
  • Aug 6, 2012: DELIVERED TO GOVERNOR
  • Jun 19, 2012: returned to senate
  • Jun 19, 2012: passed assembly
  • Jun 19, 2012: home rule request
  • Jun 19, 2012: home rule request
  • Jun 19, 2012: ordered to third reading rules cal.315
  • Jun 19, 2012: substituted for a9865
  • Jun 13, 2012: referred to ways and means
  • Jun 13, 2012: DELIVERED TO ASSEMBLY
  • Jun 13, 2012: PASSED SENATE
  • Jun 13, 2012: HOME RULE REQUEST
  • Jun 12, 2012: ADVANCED TO THIRD READING
  • Jun 11, 2012: 2ND REPORT CAL.
  • Jun 6, 2012: 1ST REPORT CAL.1120
  • Apr 2, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 6, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S6871

TITLE OF BILL: An act to authorize the town of Salem to extend the town of Salem fire protection district into the village of Salem

PURPOSE: Authorizes the town of Salem to extend the Salem fire protection district into the village of Salem.

SUMMARY OF PROVISIONS: Section 1- Provides for action by the village of Salem to abolish the village fire department, and by the town of Salem to extend the Salem Fire Protection district to include the village of Salem.

Section 2- Authorizes the town of Salem to contract, as provided by section 184 of the town law, with the extended fire protection district for protective services.

Section 3- The corporate existence of the "Salem Volunteer Fire Department, Inc." is continued under the control of the town of Salem.

Section 4- The town of Salem shall use the existing procedures in sections 170(2) and 173(1) of the town law for adoption of the resolution to extend the district.

Section 5- Contains the effective date.

JUSTIFICATION: The respective boards of the town and village of Salem have requested this legislation to provide for a change in governance of the Salem Volunteer Fire Department, Inc. The bill will authorize the town of Salem's fire protection district to be extended to include the entire village of Salem, 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 Salem Volunteer Fire Department, Inc. authorized by this measure shall require approval by the village of Salem and the town of Salem.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

LOCAL FISCAL IMPLICATIONS: Savings are anticipated for the village of Salem.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6871 IN SENATE April 2, 2012 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the town of Salem to extend the town of Salem fire protection district into the village of Salem 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 Salem, in the county of Wash- ington, pursuant to section 10-1020 of the village law abolishing the fire department in such village, the town board of the town of Salem, in accordance with the procedures set forth in subdivision 2 of section 170 of the town law, shall have the power to extend the town of Salem fire protection district, located in the town of Salem to include and encom- pass the entire corporate limits of the village of Salem in such town. S 2. Upon the completion by the town of Salem 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- rated as the "Salem Volunteer Fire Department, Inc." shall maintain its corporate existence and may continue to maintain apparatus, appliances and facilities within the village of Salem for the furnishing of fire protection. Such continued presence in the village of Salem shall not render such fire corporation to be the fire department of such village, nor shall it render such fire corporation to be 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, such fire corporation shall be under the control of the town of Salem. S 4. The completion by the town of Salem of the proceedings authorized by section one of this act shall be deemed to occur when the town adopts a resolution extending a fire protection district as required by subdi- vision 2 of section 170 of the town law; provided, however, that nothing in this act shall be construed as relieving the town of Salem from complying with the provisions of subdivision 1 of section 173 of the town law. S 5. This act shall take effect immediately.

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