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

                                  1694

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

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, paragraph (a) as amended and paragraph  (b)  as  added  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03908-01-1
              

A. 1694                             2

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-
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.