S T A T E   O F   N E W   Y O R K
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                                 5411--A
    Cal. No. 1075

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT to amend the town law, in relation to elections of fire district
  officers in the Arlington fire district, Dutchess county

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

  Section 1. Subdivision 1 of section 175 of the town law, as amended by
chapter 334 of the laws of 2011, is amended to read as follows:
  1.  An  annual  election  shall  be  held in each fire district on the
second Tuesday in December, except that:
  (A) in  the  Ocean  Bay  Park  fire  district,  the  Lonelyville  fire
district,  the Davis Park fire district, the Cherry Grove fire district,
the Fair Harbor fire district and the Fire Island Pines  fire  district,
Suffolk county, such annual election shall be held on the second Tuesday
in July[, except that];
  (B)  in  the  town of Salisbury, Herkimer county, AND IN THE ARLINGTON
FIRE DISTRICT, DUTCHESS COUNTY, such annual election shall  be  held  on
the  Tuesday  next  succeeding  the  first  Monday  in November from six
o'clock in the morning until nine o'clock in  the  evening  [and  except
that]; AND
  (C)  in  the  Belfast  fire  district,  Allegany  county,  such annual
election shall be held on the first Tuesday in December.
  The board of fire commissioners  shall  give  notice  thereof  by  the
publication  of a notice once in one or more newspapers having a general
circulation in the district. The first publication of such notice  shall
be  not  less  than twenty-seven days and not more than thirty-four days
prior to the date of such election. Such notice shall specify  the  time
when  and the place where such election will be held, the officers to be
elected thereat and their terms of office, and the  hours  during  which
the polls will be open for the receipt of ballots. The secretary of such
fire  district  shall  prepare  the  ballots  for  all elections of fire
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10971-02-3

S. 5411--A                          2

district officers and the polls shall remain open for the receipt there-
of at all elections of fire district officers from six  o'clock  in  the
evening  until  nine  o'clock in the evening and such additional consec-
utive  hours  prior  thereto  as the board of fire commissioners of such
district may have determined and specified in the  notice  thereof.  The
board  of  fire  commissioners  shall designate a resident fire district
elector, who shall be a registered voter of the town, to act as chairman
of any election of said district and shall designate not less  than  two
nor  more than four resident fire district electors, who shall be regis-
tered voters of the town to act as election inspectors and ballot clerks
at such elections. No elective officer of the fire district shall  serve
as  such chairman or as an election inspector or ballot clerk. The board
of fire commissioners may adopt a resolution providing that such  chair-
man,  election  inspectors  and  ballot  clerks  shall be paid for their
respective services at any  such  annual  election  or  at  any  special
election  of  the  fire district. Such resolution, if adopted, shall fix
the amount of such compensation, as follows: if the hours  during  which
the  polls  will be open for the receipt of ballots are from six o'clock
in the evening until nine o'clock in the evening, a sum  not  to  exceed
thirty-five  dollars  for  each such official; if additional consecutive
hours prior to six o'clock in the evening are determined  and  specified
in  the  notice  of election, a sum not to exceed fifty dollars for each
such official.
  S 2. Subdivision 6 of section 175 of the town law, as amended by chap-
ter 586 of the laws of 2004, is amended to read as follows:
  6. If in any fire district the number of voters  is  so  great  as  to
render it inexpedient or impossible to conduct the election at one poll-
ing  place, the board of fire commissioners may divide the fire district
into election districts and  provide  a  polling  place  for  each  such
election  district,  provided,  however,  that  the  number  of election
districts in any fire district shall not exceed one for each six hundred
electors plus one for a remaining  fraction  of  six  hundred.  In  such
event,  the  notice  specified  in subdivision one of this section shall
describe the election districts and state where the polling places  will
be located, and the board of fire commissioners shall designate not less
than  two  nor more than four resident fire district electors, who shall
be registered voters of the town, to  act  as  election  inspectors  and
ballot   clerks  at  each  such  polling  place.    NOTWITHSTANDING  THE
PROVISIONS OF THIS SUBDIVISION, IN THE ARLINGTON FIRE DISTRICT, DUTCHESS
COUNTY, THE ANNUAL ELECTION SHALL BE HELD  AT  THE  COUNTY'S  DESIGNATED
POLLING  LOCATIONS  THAT  SERVE  THE  MEMBERS OF SUCH FIRE DISTRICT. The
board of fire district commissioners may adopt  a  resolution  providing
that  such election inspectors and ballot clerks shall be paid for their
respective services at any  such  annual  election  or  at  any  special
election  of  the  fire district. Such resolution, if adopted, shall fix
the amount of such compensation as follows: if the  hours  during  which
the  polls  will be open for the receipt of ballots are from six o'clock
in the evening until nine o'clock in the evening, a sum  not  to  exceed
thirty-five  dollars  for  each such official; if additional consecutive
hours prior to six o'clock in the evening are determined  and  specified
in  the  notice  of election, a sum not to exceed fifty dollars for each
such official. No elective officer of the fire district shall  serve  as
an election inspector or ballot clerk.
  S  3.  This  act  shall take effect immediately and shall apply to the
election cycle of a fire district next succeeding such date.