senate Bill S6871

Signed by Governor

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 02 / Apr / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Jun / 2012
    • 1ST REPORT CAL.1120
  • 11 / Jun / 2012
    • 2ND REPORT CAL.
  • 12 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • HOME RULE REQUEST
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2012
    • SUBSTITUTED FOR A9865
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.315
  • 19 / Jun / 2012
    • HOME RULE REQUEST
  • 19 / Jun / 2012
    • HOME RULE REQUEST
  • 19 / Jun / 2012
    • PASSED ASSEMBLY
  • 19 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.418

Summary

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

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Bill Details

See Assembly Version of this Bill:
A9865
Versions:
S6871
Legislative Cycle:
2011-2012
Law Section:
Fire Prevention

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6871

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15204-01-2

S. 6871                             2

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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