senate Bill S4151

Signed By Governor
2011-2012 Legislative Session

Authorizes the town of Malone, in the county of Franklin, to extend the Malone fire protection district into the village of Malone

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2011 signed chap.144
Jul 08, 2011 delivered to governor
Jun 14, 2011 returned to senate
passed assembly
home rule request
home rule request
ordered to third reading rules cal.180
substituted for a6558
Jun 13, 2011 referred to ways and means
delivered to assembly
passed senate
home rule request
May 24, 2011 advanced to third reading
May 23, 2011 2nd report cal.
May 18, 2011 1st report cal.774
Mar 21, 2011 referred to local government

Votes

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S4151 - Bill Details

See Assembly Version of this Bill:
A6558
Law Section:
Franklin County

S4151 - Bill Texts

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Authorizes the town of Malone, in the county of Franklin, to extend the Malone fire protection district into the village of Malone.

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BILL NUMBER:S4151

TITLE OF BILL:
An act
to authorize the town of Malone, in the county of Franklin, to extend
the town of Malone fire protection district into the village of Malone

PURPOSE:
Authorizes the town of Malone, in the county of Franklin, to extend
the Malone fire protection district into the village of Malone

SUMMARY OF PROVISIONS:
Section One. Provides for action by the Village of Malone to abolish
the Village Fire Department, and by the Town of Malone to extend the
Malone Fire Protection District to include the Village of Malone.

Section Two. Authorizes the Town of Malone to contract, as provided by

§ 184 of the Town Law, with the extended Fire Protection District for
protective services.

Section Three. The corporate existence of the "Malone Call Fireman,
Inc." is continued, under the control of the Town of Malone.

Section Four. The Town of Malone shall use existing procedures in
170(2) and § 173( 1) of the Town Law for adoption of the Resolution
to extend the District.

Section Five. Effective date.

JUSTIFICATION:
The respective boards of the Town and Village of Malone have requested
this legislation to provide for a change in governance of the Malone
Call Fireman, Inc. The bill will authorize the Town's Malone Fire
Protection District to be extended to include the entire Village of
Malone, and the existing Village-run Fire Department to transfer to
the jurisdiction of the Town.

The structural changes to the organization and oversight of the Malone
Call Fireman, Inc. authorized by this measure shall require approval
by the Village of Malone and the Town of Malone.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
Savings are expected for the Village of Malone.

EFFECTIVE DATE:
This act shall take effect immediately.


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

    S. 4151                                                  A. 6558

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 21, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN ASSEMBLY -- Introduced by M. of A. DUPREY -- read once  and  referred
  to the Committee on Local Governments

AN  ACT  to  authorize the town of Malone, in the county of Franklin, to
  extend the town of Malone fire protection district into the village of
  Malone

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  any contrary provisions of article 11 of
the town law, commencing upon the effective date of a resolution adopted
by the board of trustees of the village of Malone  pursuant  to  section
10-1020 of the village law abolishing the fire department in the village
of  Malone,  in  the  county  of Franklin, the town board of the town of
Malone, in the county of Franklin, in accordance with the procedures set
forth in subdivision 2 of section 170 of the town law,  shall  have  the
power to extend the Malone fire protection district, located in the town
of  Malone  to  include and encompass the entire corporate limits of the
village of Malone in such town.
  S 2. Upon the completion by the town  of  Malone  of  the  proceedings
authorized  by  section one of this act, the fire protection district in
the town as extended shall be a fire protection district governed by the
provisions of section 184 of the town law, and the town  board  of  such
town  shall  have  all of the powers and duties vested in and imposed on
town boards by section 184 of the town law, and shall be subject to  all
of  the  limitations,  procedures  and  restrictions  set  forth in such
section.
  S 3. On and after the completion  of  the  proceedings  authorized  by
section  one  of  this act, the not-for-profit fire corporation incorpo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10331-01-1

S. 4151                             2                            A. 6558

rated as the "Malone Call Firemen, Inc." shall  maintain  its  corporate
existence and may continue to maintain apparatus, appliances and facili-
ties within the village of Malone for the furnishing of fire protection.
Such  continued  presence  in the village of Malone shall not render the
fire corporation to be the fire department of such village, nor shall it
render the fire corporation under the control of the village authorities
pursuant to paragraph (e) of section 1402 of the  not-for-profit  corpo-
ration  law,  provided,  however,  that for purposes of paragraph (e) of
section 1402 of the not-for-profit corporation law, the fire corporation
shall be under the control of the town of Malone.
  S 4. The completion by the town of Malone of the  proceedings  author-
ized  by  section one of this act shall be deemed to occur when the town
board of such town adopts  a  resolution  extending  a  fire  protection
district  as  required  by subdivision 2 of section 170 of the town law,
provided, however, that nothing  in  this  act  shall  be  construed  as
relieving  such town from complying with the provisions of subdivision 1
of section 173 of the town law.
  S 5. This act shall take effect immediately.

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