S T A T E O F N E W Y O R K
________________________________________________________________________
10568
I N A S S E M B L Y
April 7, 2010
___________
Introduced by M. of A. RABBITT -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the town law, in relation to allowing the town or
village board to make changes to the proposed annual fire district
budget and requiring a public vote before appropriations made to capi-
tal reserve fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 3 of section 181 of
the town law, as amended by chapter 555 of the laws of 2007, are amended
to read as follows:
(a) The board of commissioners of each fire district shall hold a
public hearing on the third Tuesday in October to discuss the contents
of the proposed budget, AND SHALL PRESENT ANY PROPOSED APPROPRIATIONS TO
BE MADE TO THE FIRE DISTRICT'S CAPITAL RESERVE FUND AND TO BE VOTED ON
AT SUCH HEARING. The hearing AND THE PUBLIC VOTE shall be conducted and
scheduled in a manner that maximizes participation. Notice of such
public hearing AND PUBLIC VOTE shall be published at least once in the
official newspaper, or if no official newspaper has been designated, in
any newspaper having general circulation in the district. At least five
days shall elapse between the date of the first publication of the
notice and the date specified for the hearing AND PUBLIC VOTE. The
notice of hearing AND PUBLIC VOTE shall state the time when and the
place where the public hearing AND THE PUBLIC VOTE will be held, the
purpose thereof and that a copy of the proposed budget AND THE PROPOSED
APPROPRIATIONS TO BE MADE TO THE FIRE DISTRICT'S CAPITAL RESERVE FUND
[is] ARE available at the office of the town clerk or clerks and fire
district secretary where [it] THEY may be inspected by any interested
person during office hours. In the case of a fire district that main-
tains an internet website, the notice of hearing AND PUBLIC VOTE shall
also state that the proposed budget AND PROPOSED APPROPRIATIONS TO BE
MADE TO THE FIRE DISTRICT'S CAPITAL RESERVE FUND [is] ARE posted on the
fire district's website. The town clerk or clerks shall cause a copy of
the notice to be posted on the signboard of the town or towns, main-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16569-01-0
A. 10568 2
tained pursuant to subdivision six of section thirty of this chapter,
not later than five days before the day designated for such hearing AND
PUBLIC VOTE. The notice shall also be posted on the municipal and/or
fire district website or websites, if one exists. At such hearing, any
person may be heard in favor of or against the proposed budget as
compiled, or for or against any item or items therein contained. AT SUCH
HEARING, THE PUBLIC SHALL REVIEW THE PROPOSED APPROPRIATIONS TO BE MADE
TO THE FIRE DISTRICT'S CAPITAL RESERVE FUND AND SHALL VOTE IN FAVOR OR
AGAINST SUCH APPROPRIATIONS. IF IT IS DETERMINED THAT SUCH PROPOSED
APPROPRIATIONS TO SUCH CAPITAL RESERVE FUND ARE NOT SATISFACTORY, THE
BOARD OF FIRE COMMISSIONERS SHALL TAKE SUCH DETERMINATION INTO CONSIDER-
ATION WHEN CHANGING, ALTERING OR REVISING SUCH PROPOSED BUDGET.
(b) After the public hearing, THE TOWN OR VILLAGE BOARD MAY MAKE
CHANGES TO THE PROPOSED BUDGET AND SUBMIT SUCH CHANGES TO the board of
fire commissioners. THE BOARD OF FIRE COMMISSIONERS SHALL REVIEW AND
CONSIDER SUCH PROPOSED CHANGES AND ANY DETERMINATIONS MADE AS A RESULT
OF A PUBLIC VOTE CONCERNING PROPOSED APPROPRIATIONS TO BE MADE TO THE
CAPITAL RESERVE FUND, AND may adopt SUCH changes, alterations and
revisions to the proposed budget subject to the requirements of para-
graph (a) of subdivision two of this section, except that the board of
fire commissioners shall not add or increase an appropriation to a capi-
tal reserve fund. On or before the fourth day of November, the board of
fire commissioners shall adopt as the annual budget of the fire district
either the proposed budget or the proposed budget as changed, altered or
revised after the public hearing. In the event that the board of fire
commissioners fails to adopt the annual budget by such date, the
proposed budget with such changes, alterations and revisions as shall
have been adopted by the board of fire commissioners by that date shall
constitute the annual budget of the fire district.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.