senate Bill S6521

Signed by Governor

Relates to authorizing the town of Somerset to extend the fire protection district to encompass the village of Barker

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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

  • 31 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Mar / 2014
    • 1ST REPORT CAL.227
  • 05 / Mar / 2014
    • 2ND REPORT CAL.
  • 06 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • HOME RULE REQUEST
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A8723
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.460
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.302

Summary

Authorizes the town of Somerset, Niagara county to extend the boundaries of the Somerset fire protection district to encompass the village of Barker upon the abolishment of the fire department of the village of Barker pursuant to a resolution of such village board.

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Bill Details

See Assembly Version of this Bill:
A8723
Versions:
S6521
Legislative Cycle:
2013-2014
Law Section:
Towns

Sponsor Memo

BILL NUMBER:S6521

TITLE OF BILL: An act authorizing the town of Somerset to extend the
town of Somerset-Somerset Fire Protection District into the village of
Barker

PURPOSE:

Authorizes the town of Somerset to extend the Somerset fire protection
district into the village of Barker.

SUMMARY OF PROVISIONS:

Section 1- Provides for action by the town of Somerset to abolish the
village of Barker fire department, and by the town of Somerset to
extend the Somerset Fire Protection District to include the village of
Barker.

Section 2- Authorizes the town of Somerset to contract, as provided by
section 184 of the town law, for protective services in the extended
fire protection district.

Section 3- The corporate existence of the "Barker Fire Department,
Inc." is continued under the control of the town of Somerset.

Section 4- The town of Somerset 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 of Somerset and the village of
Barker have requested this legislation to provide for a change in
governance of the Barker Fire Department, Inc. The bill will authorize
the town of Somerset's fire protection district to be extended to
include the entire village of Barker, 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 Barker
Fire Department, Inc. authorized by this measure shall require
approval by the village of Barker and the town of Somerset.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the State.

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
________________________________________________________________________

                                  6521

                            I N  S E N A T E

                            January 31, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT authorizing the town of Somerset to extend the town of  Somerset-
  Somerset Fire Protection District into the village of Barker

  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  with  the  effective date of the resolution
adopted pursuant to section 10-1020 of the village  law  abolishing  the
fire department in the village of Barker, Niagara county, the town board
of  the  town of Somerset, Niagara county, in accordance with the proce-
dures set forth in subdivision 2 of section 170 of the town  law,  shall
have the power to extend the town of Somerset - Somerset Fire Protection
District,  located  in the town of Somerset to include and encompass the
enter corporate limits of the village of Barker in such town.
  S 2. Upon the completion by the town of Somerset  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  the
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 "Barker Fire Department, Inc." shall maintain its corporate
existence and may continue to maintain apparatus, appliances and facili-
ties within the village of Barker for the furnishing of fire protection.
Such continued presence in the village of Barker shall  not  render  the
fire corporation the fire department of the village, nor shall it render
the fire corporation under the control of the village authorities pursu-
ant  to  paragraph (e) of section 1402 of the not-for-profit corporation
law, provided, however, that for purposes of paragraph  (e)  of  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13752-01-4

S. 6521                             2

1402  of  the not-for-profit corporation law, the fire corporation shall
be under the control of the town of Somerset.
  S 4. The completion by the town of Somerset of the proceedings author-
ized  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
subdivision  2  of  section 170 of the town law, provided, however, that
nothing herein shall be construed as relieving the town  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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