S T A T E   O F   N E W   Y O R K
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                                  3234

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. RABBITT -- Multi-Sponsored by -- M. of A. BOYLAND
  -- read once and referred to the Committee 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 [is] AND THE
PROPOSED APPROPRIATIONS TO  BE  MADE  TO  THE  FIRE  DISTRICT'S  CAPITAL
RESERVE FUND ARE available at the office of the town clerk or clerks and
fire  district  secretary where [it] THEY may be inspected by any inter-
ested person during office hours. In the case of a  fire  district  that
maintains  an  internet  website,  the notice of hearing AND PUBLIC VOTE
shall also state that the proposed budget [is]  AND  PROPOSED  APPROPRI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05368-01-3
              

A. 3234                             2

ATIONS TO BE MADE TO THE FIRE DISTRICT'S CAPITAL RESERVE FUND 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,
maintained  pursuant  to subdivision six of section thirty of this chap-
ter, 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.