Bill Text: NY S04944 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Permits members of the Fair Harbor fire district to adopt a resolution changing the date for the nomination of the chief and assistant chiefs of such fire department.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-08-29 - SIGNED CHAP.208 [S04944 Detail]

Download: New_York-2019-S04944-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4944
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 2, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the town law,  in  relation  to  the  election  of  fire
          district officers in the Fair Harbor fire district
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 175 of the town law, as amended by
     2  chapter 334 of the laws of 2011, is amended to read as follows:
     3    1. (a) An annual election shall be held in each fire district  on  the
     4  second  Tuesday  in  December,  except  that  in the Ocean Bay Park fire
     5  district, the Lonelyville fire district, the Davis Park  fire  district,
     6  the  Cherry  Grove  fire district, the Fair Harbor fire district and the
     7  Fire Island Pines fire district, Suffolk county,  such  annual  election
     8  shall  be held on the second Tuesday in July, except that in the town of
     9  Salisbury, Herkimer county, such annual election shall be  held  on  the
    10  Tuesday next succeeding the first Monday in November from six o'clock in
    11  the  morning  until  nine  o'clock in the evening and except that in the
    12  Belfast fire district, Allegany county, such annual  election  shall  be
    13  held  on  the first Tuesday in December. The board of fire commissioners
    14  shall give notice thereof by the publication of a notice once in one  or
    15  more  newspapers having a general circulation in the district. The first
    16  publication of such notice shall be not less than twenty-seven days  and
    17  not  more than thirty-four days prior to the date of such election. Such
    18  notice shall specify the time when and the  place  where  such  election
    19  will  be  held,  the  officers  to be elected thereat and their terms of
    20  office, and the hours during which  the  polls  will  be  open  for  the
    21  receipt  of  ballots.  The secretary of such fire district shall prepare
    22  the ballots for all elections of fire district officers  and  the  polls
    23  shall  remain  open  for  the  receipt  thereof at all elections of fire
    24  district officers from six o'clock in the evening until nine o'clock  in
    25  the  evening  and such additional consecutive hours prior thereto as the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10676-01-9

        S. 4944                             2
     1  board of fire commissioners of such district  may  have  determined  and
     2  specified  in  the notice thereof. The board of fire commissioners shall
     3  designate a resident fire district elector, who shall  be  a  registered
     4  voter  of  the town, to act as chairman of any election of said district
     5  and shall designate not less than two nor more than four  resident  fire
     6  district  electors, who shall be registered voters of the town to act as
     7  election inspectors and ballot clerks at  such  elections.  No  elective
     8  officer  of  the  fire  district  shall  serve as such chairman or as an
     9  election inspector or ballot clerk. The board of fire commissioners  may
    10  adopt a resolution providing that such chairman, election inspectors and
    11  ballot  clerks  shall  be paid for their respective services at any such
    12  annual election or at any special election of the  fire  district.  Such
    13  resolution,  if  adopted,  shall fix the amount of such compensation, as
    14  follows: if the hours during which  the  polls  will  be  open  for  the
    15  receipt  of  ballots  are  from  six  o'clock  in the evening until nine
    16  o'clock in the evening, a sum not to exceed thirty-five dollars for each
    17  such official; if additional consecutive hours prior to six  o'clock  in
    18  the  evening  are  determined and specified in the notice of election, a
    19  sum not to exceed fifty dollars for each such official.
    20    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    21  sion,  the board of fire commissioners of the Fair Harbor fire district,
    22  Suffolk county, may adopt a resolution to elect its officers on  a  date
    23  other than the second Tuesday in July. A resolution changing the date of
    24  the  election of fire district officers shall not become effective until
    25  the next election regularly scheduled to be held more than  one  hundred
    26  twenty  days  following its adoption. Upon the adoption of such a resol-
    27  ution, the term of any fire district officer  elected  at  the  election
    28  prior to the adoption or less than one hundred twenty-one days thereaft-
    29  er,  and the term of any fire district officer whose successor is sched-
    30  uled to be selected more than one hundred twenty days thereafter of such
    31  resolution shall be extended until the date fixed as a  result  of  such
    32  resolution for his or her successor to take office.
    33    §  2.  This  act shall take effect on the thirtieth day after it shall
    34  have become a law.
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