S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 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 the town law, in relation to providing  that  the  South
   New Berlin fire district, Chenango county, shall have elections on the
   second Wednesday of December

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. 1. It is hereby found and  determined
 that  the  South  New  Berlin  Fire District, located in the town of New
 Berlin, Chenango  County,  has  acted  consistent  with  all  applicable
 provisions  of article 11 of the town law in the governance of the South
 New Berlin Fire District providing fire protection services in the  town
 of  New  Berlin  notwithstanding  the  failure of the district to obtain
 prior legislative approval to hold annual elections for  district  offi-
 cers on a date other than that specified in section 175 of the town law.
   2.  Notwithstanding any law to the contrary, the election of any offi-
 cer of  the  South  New  Berlin  Fire  District,  and  all  actions  and
 proceedings of the South New Berlin Fire District and its officers taken
 prior  to the effective date of this act are hereby legalized, validated
 and ratified, notwithstanding the district's failure to  adhere  to  the
 provisions  of section 175 of the town law that require annual elections
 for district officers to be held on  the  second  Tuesday  in  December.
 Elected  officers  of  the  South  New Berlin Fire District currently in
 office shall continue to serve in such capacity until the expiration  of
 his or her term.
   § 2. Subdivision 1 of section 175 of the town law, as amended by chap-
 ter 334 of the laws of 2011, is amended to read as follows:
   1.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10962-02-9

 S. 4839                             2
 
 Fire  Island  Pines  fire district, Suffolk county, such annual election
 shall be held on the second Tuesday in July, EXCEPT THAT  IN  THE  SOUTH
 NEW BERLIN FIRE DISTRICT, CHENANGO COUNTY, SUCH ANNUAL ELECTION SHALL BE
 HELD  ON  THE  SECOND  WEDNESDAY OF DECEMBER, 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
 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.
   § 3. This act shall take effect immediately.