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.