S T A T E O F N E W Y O R K
________________________________________________________________________
7760
2009-2010 Regular Sessions
I N A S S E M B L Y
April 23, 2009
___________
Introduced by M. of A. BOYLE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the education law and the town law, in relation to
requiring library and fire district budget proposal elections to occur
on the same day as the school district budget vote; and to repeal
certain provisions of the town law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph b of subdivision 1 of section
259 of the education law, as amended by chapter 184 of the laws of 2007,
is amended to read as follows:
(1) Except as provided in subparagraph two of this paragraph, whenever
qualified voters of a municipality, in a number equal to at least ten
per centum of the total number of votes cast in such municipality for
governor at the last gubernatorial election, shall so petition and the
library board of trustees shall endorse, the question of establishing or
increasing the amount of funding of the annual contribution for the
operating budget of a registered public or free association library by
such municipality to a sum specified in said petition, shall be voted on
[at the next general election of such municipality] THE SAME DAY AS THE
SCHOOL DISTRICT BUDGET VOTE IS HELD FOR SUCH MUNICIPALITY, provided that
due public notice of the proposed action shall have been given. An
increase in library funding provided pursuant to this paragraph shall
not apply to a municipal budget adopted prior to the date of such
election.
S 2. Section 105 of the town law, as amended by chapter 240 of the
laws of 2006 and subdivision 1 as amended by chapter 555 of the laws of
2007, is amended to read as follows:
S 105. Fire district estimates and budget. 1. The board of commission-
ers of each fire district shall submit the fire district budget on or
before the [seventh] TWENTIETH day of [November] APRIL to the budget
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11227-01-9
A. 7760 2
officer. The fire district budget shall be in the form prescribed by and
pursuant to subdivision one of section one hundred seven of this arti-
cle, and shall be adopted in the manner prescribed in section one
hundred eighty-one of this chapter.
2. The budget officer shall affix the fire district budget to the
annual town budget, established pursuant to section one hundred nine of
this article, as a part thereof. No change shall be made by the budget
officer or the town board in the budget submitted by a fire district.
3. SUCH FIRE DISTRICT BUDGET PROPOSAL SHALL BE SUBMITTED TO THE VOTE
OF THE ELECTORS ON THE SAME DAY AS THE SCHOOL DISTRICT BUDGET VOTE IS
HELD FOR SUCH MUNICIPALITY. IF THE BUDGET PROPOSAL IS REJECTED, THE
BOARD OF COMMISSIONERS SHALL SUBMIT TO THE ELECTORS, A REVISED FIRE
DISTRICT BUDGET PROPOSAL. IF SUCH PROPOSAL IS NOT ADOPTED, THE BOARD OF
COMMISSIONERS SHALL SUBMIT A BUDGET WITH APPROPRIATIONS EQUAL TO THE
APPROPRIATIONS FOR THE CURRENT YEAR.
S 3. Section 109 of the town law is REPEALED.
S 4. Paragraph (a) of subdivision 3 of section 181 of the town law, as
amended by chapter 555 of the laws of 2007, is amended to read as
follows:
(a) The board of commissioners of each fire district shall hold a
public hearing on the [third] FOURTH Tuesday in [October] APRIL to
discuss the contents of the proposed budget. The hearing shall be
conducted and scheduled in a manner that maximizes participation. Notice
of such public hearing shall be published at least once in the official
newspaper, or if no official newspaper has been designated, in any news-
paper 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. The notice of hearing shall state
the time when and the place where the public hearing will be held, the
purpose thereof and that a copy of the proposed budget is available at
the office of the town clerk or clerks and fire district secretary where
it may be inspected by any interested person during office hours. In the
case of a fire district that maintains an internet website, the notice
of hearing shall also state that the proposed budget is 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-
tained pursuant to subdivision six of section thirty of this chapter,
not later than five days before the day designated for such hearing. 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.
S 5. The state board of elections shall promulgate rules and regu-
lations for the implementation of voting for the library and fire
district budget proposal, on the same day as the school district budget
vote for each municipality.
S 6. This act shall take effect immediately; provided, however, that
sections one, two, three, and four of this act shall take effect January
1, 2011.