NY State Senate Bill 2019-S4944

Senate Bill S4944

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 - 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 17, 2019	referred to local governments delivered to assembly passed senate
Jun 12, 2019	ordered to third reading cal.1321 committee discharged and committed to rules
Jun 11, 2019	print number 4944a
Jun 11, 2019	amend (t) and recommit to local government
Apr 02, 2019	referred to local government

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-S4944 - Details

Law Section:: Town Law
Laws Affected:: Amd §175, Town L

2019-S4944 - 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-S4944 - Sponsor Memo

                                
 
BILL NUMBER: S4944

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the town law, in relation to the
election of fire district officers in the Fair Harbor fire district

 
PURPOSE OR GENERAL IDEA:

To authorize the Fair Harbor fire district commissioners to adopt a
resolution to change the date of their election to better meet the
seasonal residents of Fair Harbor.

 
SUMMARY OF PROVISIONS:

Section 1 (a) specifies the standard date of elections for fire
districts as the second Tuesday in December and lists the fire districts
that have alternative election dates specified. The Fair Harbor fire
district is currently authorized to hold its election on the second
Tuesday of July.

Section 1 (b) allows the fire commissioners of the Fair Harbor fire

district, Suffolk County, to adopt a resolution to elect its officers on
a date other than the second Tuesday in July, as specified in section 1
(a). It is specified that the change in date will not become effective
until the next regularly scheduled election held more than 120 days
following the adoption of the resolution and spells out that terms of
office for current fire district officers will be adjusted accordingly.

Section 2: This act shall take effect on the thirtieth day after it
shall have become law.

 
JUSTIFICATION:

Elections for fire district officers are specified to take place on the
second Tuesday of December. For townships that have seasonal popu-
lations, alternative election days are sometimes required to make sure
that the residents of the town are present and able to vote in their
local fire district elections.

Existing law authorizes certain townships to hold their elections for
fire department officers on alternative dates in order to accommodate
the needs of these seasonal residents.

This bill allows the Fair Harbor fire department on Fire Island to adopt
a resolution to change the date of their election to better accommodate
the needs of seasonal residents of Fair Harbor. By changing the date of
these elections, more residents of Fair harbor will be present for these
elections and be better able to participate in the decisions that affect
their town.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2019-S4944 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4944
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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

 S. 4944                             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-S4944A (ACTIVE) - Details

Law Section:: Town Law
Laws Affected:: Amd §175, Town L

2019-S4944A (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-S4944A (ACTIVE) - Sponsor Memo

2019-S4944A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4944--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10676-03-9

 S. 4944--A                          2
 
 the Thursday following the first Tuesday,  the  Saturday  following  the
 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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