senate Bill S2122A

Signed By Governor
2013-2014 Legislative Session

Relates to the election of fire district officers for the Eastchester fire district in the town of Eastchester, county of Westchester

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Archive: Last Bill Status Via A2288 - 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
Sep 27, 2013 signed chap.345
Sep 16, 2013 delivered to governor
Jun 20, 2013 returned to assembly
Jun 19, 2013 passed senate
Jun 18, 2013 3rd reading cal.231
substituted for s2122a
Jun 18, 2013 substituted by a2288a
Jun 03, 2013 amended on third reading (t) 2122a
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.231
Jan 11, 2013 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2122 - Bill Details

See Assembly Version of this Bill:
A2288A
Law Section:
Westchester County
Versions Introduced in 2011-2012 Legislative Session:
A9609

S2122 - Bill Texts

view summary

Relates to the election of fire district officers in the town of Eastchester fire district in the town of Eastchester, county of Westchester.

view sponsor memo
BILL NUMBER:S2122

TITLE OF BILL: An act to amend the town law, in relation to the
election of fire district officers in the town of Eastchester

PURPOSE OR GENERAL IDEA OF BILL: To hold the annual fire district
election for the town of Eastchester on the Tuesday next succeeding
the first Monday in November.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 1 of
section 175 of the town law to provide that the town of Eastchester
shall hold its annual fire district election on the Tuesday next
succeeding the first Monday in November.

Section two provides the effective date.

JUSTIFICATION: The Eastchester Fire District holds elections of fire
officers in December resulting in very low voter turnout. On average
less than 5% of registered voters cast a vote. There are also no
absentee ballots allowed in the December special election, which means
homebound individuals are unable to vote. In addition, holding the
election at the same time as the November general election would
eliminate the costs of holding a separate fire district election,
potentially resulting in savings to taxpayers.

PRIOR LEGISLATIVE HISTORY: A.9609, 2012 referred to local governments.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

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

    S. 2122                                                  A. 2288

                       2013-2014 Regular Sessions

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

                            January 11, 2013
                               ___________

IN SENATE -- Introduced by Sen. LATIMER -- 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. PAULIN -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law,  in  relation  to  the  election  of  fire
  district officers in the town of Eastchester

  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  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 in the town of
Salisbury, Herkimer county, AND THE  TOWN  OF  EASTCHESTER,  WESTCHESTER
COUNTY,  such annual election shall be held on the Tuesday next succeed-
ing the first Monday in November from six o'clock in the  morning  until
nine  o'clock  in  the  evening  and  except  that  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  news-
papers  having a general circulation in the district. The first publica-
tion 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05063-01-3

S. 2122                             2                            A. 2288

receipt  of  ballots.  The secretary of such fire district shall prepare
the ballots for all elections of fire district officers  and  the  polls
shall  remain  open  for  the  receipt  thereof at all elections of fire
district  officers from six o'clock in the evening until nine o'clock in
the evening and such additional consecutive 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 registered 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 chairman, 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. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S2122A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2288A
Law Section:
Westchester County
Versions Introduced in 2011-2012 Legislative Session:
A9609

S2122A (ACTIVE) - Bill Texts

view summary

Relates to the election of fire district officers in the town of Eastchester fire district in the town of Eastchester, county of Westchester.

view sponsor memo
BILL NUMBER:S2122A

TITLE OF BILL: An act in relation to authorizing the Eastchester fire
district, in the town of Eastchester, county of Westchester, to change
the date of its annual election

PURPOSE OR GENERAL IDEA OF BILL:

To hold the annual fire district election for the town of Eastchester
on the Tuesday next succeeding the first Monday in November.

SUMMARY OF SPECIFIC PROVISIONS: Section one provides that the town of
Eastchester shall hold its annual fire district election on the
Tuesday next succeeding the first Monday in November. It also provides
that: 1. the fire district election shall be held at every polling
site established by the Westchester board of elections; 2. the fire
district election districts are the same as the election districts and
that an elector shall not be required to visit more than one polling
site; 3. the fire district polls shall remain open for the same hours
as the polls administered by the Westchester board of elections; and
4. both the commissioners of the Westchester board of elections shall
approve in writing of the fire elections being held in the same
locations as the elections held on Tuesday next succeeding the first
Monday in November administered by the Westchester board of elections

Section two provides that despite other provisions in town law, all
Eastchester fire district elections shall be held on the Tuesday next
succeeding the first Monday in November.

Section three provides that the Westchester board of elections shall
not be required to administer or oversee the Eastchester fire district
elections

Section 4 provides for the effective date

JUSTIFICATION: The Eastchester Fire District holds elections of fire
officers in December resulting in very low voter turnout. On average
less than 5% of registered voters cast a vote. There are also no
absentee ballots allowed in the December special election, which means
homebound individuals are unable to vote. In addition, holding the
election at the same time as the November general election would
eliminate the costs of holding a separate fire district election,
potentially resulting in savings to taxpayers.

PRIOR LEGISLATIVE HISTORY: A.9609, 2012 referred to local governments.

FISCAL IMPLICATION: None to the state.

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
________________________________________________________________________

                                 2122--A
    Cal. No. 231

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens.  LATIMER, DILAN -- 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 in relation to authorizing the Eastchester fire district, in  the
  town  of Eastchester, county of Westchester, to change the date of its
  annual election

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

  Section 1. Notwithstanding the provision of subdivision one of section
175  of  the  town  law generally requiring holding annual fire district
elections on the second Tuesday in  December,  and  notwithstanding  the
provision of subdivision 6 of section 175 of the town law related to the
number  of  electors in each fire district election district:  the East-
chester fire district, in the town of Eastchester, county  of  Westches-
ter,  whose boundaries only encompass the entire corporate limits of the
town of Eastchester and each village within such town and where the only
eligible electors of such fire district are also  eligible  electors  of
such  town  and  villages, shall hold its annual election on the Tuesday
next succeeding the first Monday in November provided that (i) such fire
district election is held at every polling site as may be established by
the Westchester county board  of  elections;  (ii)  such  fire  district
election  districts  are  the  same  as the election districts as may be
established by the Westchester county board of elections, such  that  an
elector  shall  not  be  required to visit more than one polling site on
such date; (iii) such fire district polls remain open for the same hours
as the polls administered by the Westchester county board of  elections;
(iv)  both  of  the  Westchester county board of elections commissioners
approve in writing of such fire district elections  being  held  in  the
same  locations as the elections held on the Tuesday next succeeding the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05063-02-3

S. 2122--A                          2

first Monday in November administered by such board  of  elections;  and
(v)  the  Eastchester fire district adheres to the provisions of section
175 of the town law that are not inconsistent with this act.
  S  2.  Notwithstanding  the  provisions of section 179 of the town law
authorizing fire districts to hold special elections to vote upon appro-
priations, or any other law that would authorize  the  Eastchester  fire
district  to  hold  a special election, all elections of the Eastchester
fire district shall be held on the Tuesday  next  succeeding  the  first
Monday in November in the manner provided for by this act.
  S 3. Nothing in this act shall be construed to require the Westchester
county board of elections to authorize, administer, or otherwise oversee
the  Eastchester  fire  district elections, provided, however, that such
county board of elections  shall  be  authorized  to  provide  technical
assistance to such fire district.
  S 4. This act shall take effect immediately.

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