senate Bill S7046

Signed by Governor

Relates to the Caton fire district

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Bill Status


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

  • 21 / Apr / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 03 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1123
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A9359
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.404
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.313

Summary

Relates to the Caton fire district.

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Bill Details

See Assembly Version of this Bill:
A9359
Versions:
S7046
Legislative Cycle:
2013-2014
Law Section:
Town Law
Laws Affected:
Amd ยง176, Town L

Sponsor Memo

BILL NUMBER:S7046

TITLE OF BILL: An act to amend the town law, in relation to the Caton
fire district

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 11b of section 176 of the town law so
members of the Caton 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 that future meetings
for the nomination of the chief and assistant chiefs be held on
certain specified days. 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.

Section 2 provides the effective date.

JUSTIFICATION:

It is undeniable that the services that fire districts provide in our
communities are vital to the welfare and safety of our residents. On a
continuous basis, the firefighters within these districts make
important sacrifices in order to advance the public interest.

At a time when more and more rules, regulations and mandates are being
put on volunteers by state and federal governments, this legislation
would prevent these volunteers from making another trip to the fire
station on a week night away from their families just to nominate
(vote) a chief and assistant chief when there is almost never anyone
running against them and by changing this date the voting for most of
the offices could be done in one night.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

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

                                  7046

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- 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 Caton 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 169 of the laws of 1986, 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.  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 first Tuesday, the Thursday follow-
ing the second Tuesday, [or] the Saturday following the  second  Tuesday
in  such month [or], the last Sunday in September in the Davis Park fire
department, OR  THE  SECOND  TUESDAY  IN  DECEMBER  IN  THE  CATON  FIRE
DISTRICT,  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 and a resident of the state of
New York.  In addition, the board of fire commissioners  may  by  resol-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14003-01-4

S. 7046                             2

ution  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 officers 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
commissioners 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.
  S 2. This act shall take effect immediately.

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