NY State Assembly Bill 2019-A6991A

Assembly Bill A6991A

Signed By Governor

2019-2020 Legislative Session

Relates to the nomination of certain fire district officers in the Fair Harbor fire district

download bill text pdf

Archive: Last Bill Status Via S4944 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 29, 2019	signed chap.208
Aug 23, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.502 substituted for a6991a
Jun 19, 2019	substituted by s4944a
Jun 18, 2019	ordered to third reading rules cal.502 rules report cal.502 reported
Jun 17, 2019	reported referred to rules
Jun 07, 2019	print number 6991a
Jun 07, 2019	amend (t) and recommit to local governments
Apr 03, 2019	referred to local governments

Votes

- Jun 17, 2019 - Floor Vote
  S4944
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 12, 2019 - Rules Committee Vote
  S4944
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-A6991 - Details

See Senate Version of this Bill:: S4944
Law Section:: Town Law
Laws Affected:: Amd §176, Town L

2019-A6991 - Summary

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.

2019-A6991 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6991
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
   Committee on Local Governments
 
 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:
 
   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. (A) An annual election shall be held in each fire district  on  the
 second  Tuesday  in  December,  except  that  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 in the town of
 Salisbury, Herkimer 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 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 thereat 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 thereto as the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10676-01-9

 A. 6991                             2
 
 board of fire commissioners of such district  may  have  determined  and
 specified  in  the notice thereof. The board of fire commissioners 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  resident  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.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE BOARD OF FIRE COMMISSIONERS OF THE FAIR HARBOR FIRE DISTRICT,
 SUFFOLK COUNTY, MAY ADOPT A RESOLUTION TO ELECT ITS OFFICERS ON  A  DATE
 OTHER THAN THE SECOND TUESDAY IN JULY. A RESOLUTION CHANGING THE DATE OF
 THE  ELECTION OF FIRE DISTRICT OFFICERS SHALL NOT BECOME EFFECTIVE UNTIL
 THE NEXT ELECTION REGULARLY SCHEDULED TO BE HELD MORE THAN  ONE  HUNDRED
 TWENTY  DAYS  FOLLOWING ITS ADOPTION. UPON THE ADOPTION OF SUCH A RESOL-
 UTION, THE TERM OF ANY FIRE DISTRICT OFFICER  ELECTED  AT  THE  ELECTION
 PRIOR TO THE ADOPTION OR LESS THAN ONE HUNDRED TWENTY-ONE DAYS THEREAFT-
 ER,  AND THE TERM OF ANY FIRE DISTRICT OFFICER WHOSE SUCCESSOR IS SCHED-
 ULED TO BE SELECTED MORE THAN ONE HUNDRED TWENTY DAYS THEREAFTER OF SUCH
 RESOLUTION SHALL BE EXTENDED UNTIL THE DATE FIXED AS A  RESULT  OF  SUCH
 RESOLUTION FOR HIS OR HER SUCCESSOR TO TAKE OFFICE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2019-A6991A (ACTIVE) - Details

See Senate Version of this Bill:: S4944
Law Section:: Town Law
Laws Affected:: Amd §176, Town L

2019-A6991A (ACTIVE) - Summary

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.

2019-A6991A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6991--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
   Committee on Local Governments -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  town law, in relation to the nomination 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:
 
   Section 1. Subdivision 11-b of section 176 of the town law, as amended
 by chapter 351 of the laws of 2016, is amended to read as follows:
   11-b. The members of the fire department at a regular or special meet-
 ing  of  the  department  held after the month of April but prior to the
 month of November in any year may adopt a resolution  recommending  that
 future  meetings for the nomination of the chief and assistant chiefs be
 held in December, either on the first Thursday, the first Saturday,  the
 Thursday  following  the first Tuesday, the Saturday following the first
 Tuesday, the Thursday following the  second  Tuesday,  or  the  Saturday
 following the second Tuesday in such month, instead of April as provided
 in  subdivision  eleven-a  of this section. Provided, however, the Davis
 Park fire department may adopt a resolution to hold future meetings, for
 nomination of chief and assistant chiefs, on the last Sunday in  Septem-
 ber; [and] the Caton fire district may adopt a resolution to hold future
 meetings,  for  nominations of chief and assistant chiefs, on the second
 Tuesday in December; AND THE FAIR HARBOR FIRE  DEPARTMENT  MAY  ADOPT  A
 RESOLUTION  TO  HOLD  FUTURE  MEETINGS,  FOR NOMINATION OF THE CHIEF AND
 ASSISTANT CHIEFS, ON THE THIRD SUNDAY IN SEPTEMBER. The notice  or  call
 for such meeting shall specify that such a resolution will be offered to
 be  voted upon at such meeting. If such resolution is adopted, the board
 of fire commissioners may adopt a  rule  or  regulation  providing  that
 future  meetings  for the nomination of chief and assistant chiefs shall
 be held in December, either on the first Thursday, the  first  Saturday,
 the  Thursday  following  the  first Tuesday, the Saturday following the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10676-02-9

 A. 6991--A                          2
 
 first Tuesday, the Thursday following the second Tuesday,  the  Saturday
 following the second Tuesday in such month, the last Sunday in September
 in  the  Davis Park fire department, [or] the second Tuesday in December
 in the Caton fire district, OR THE THIRD SUNDAY IN SEPTEMBER IN THE FAIR
 HARBOR  FIRE DEPARTMENT, as specified in the fire department resolution,
 instead of April as provided in subdivision eleven-a  of  this  section.
 Each  nominee shall be a member of the fire department. In addition, the
 board of fire commissioners may by resolution require that any or all of
 such fire department officers shall be residents of the  fire  district.
 All  nominations shall be made by ballot. The person acting as secretary
 of such meeting shall promptly notify the  fire  district  secretary  in
 writing  of  such  nominations.  The  board of fire commissioners at its
 organization meeting in the month of January next succeeding the  making
 of  such  nominations  shall  consider  the  same and shall appoint such
 persons to the offices to which they have  been  respectively  nominated
 or,  if  a  nomination  is  not approved the board of fire commissioners
 shall call another meeting of the members  of  the  fire  department  at
 which a new nomination shall be made to take the place of any nomination
 not  approved,  which procedure shall continue until a full set of offi-
 cers is approved. Any such person shall assume the duties of his  office
 as  soon  as  he has been appointed thereto by the board of fire commis-
 sioners and shall serve until his successor is appointed. A  person  who
 has  been  convicted  of  arson  in any degree shall not be eligible for
 nomination, election or appointment to the  office  of  fire  department
 chief  or  assistant chief. Any fire department chief or assistant chief
 who is convicted of arson in any degree during his term of office  shall
 be disqualified from completing such term of office.
   If  the  date  of  meetings  for the nomination of chief and assistant
 chiefs is changed from April to September or December  pursuant  to  the
 foregoing  provisions  of  this  subdivision,  the  members  of the fire
 department at a regular or special meeting of the department held  after
 the  month  of  April but prior to the month of November in any year may
 adopt a resolution recommending that future meetings for the  nomination
 for  such  officers shall be held in April pursuant to the provisions of
 subdivision eleven-a of this section. The call for  such  meeting  shall
 specify  that such a resolution will be offered to be voted upon at such
 meeting. If such a resolution is adopted, the board of fire  commission-
 ers  may  adopt  a rule or regulation providing that future meetings for
 the nomination of chief and assistant chiefs  shall  be  held  in  April
 pursuant  to  the provisions of subdivision eleven-a of this section and
 that the provisions of such  subdivision  eleven-a  shall  again  become
 applicable.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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