senate Bill S6162A

Signed By Governor
2013-2014 Legislative Session

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda

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Archive: Last Bill Status Via A8305 - 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
Aug 11, 2014 signed chap.261
Aug 01, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
home rule request
3rd reading cal.1488
substituted for s6162a
Jun 18, 2014 substituted by a8305a
ordered to third reading cal.1488
committee discharged and committed to rules
Jan 22, 2014 print number 6162a
amend (t) and recommit to local government
Jan 08, 2014 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6162 - Bill Details

See Assembly Version of this Bill:
A8305A
Law Section:
Fire Prevention

S6162 - Bill Texts

view summary

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda.

view sponsor memo
BILL NUMBER:S6162

TITLE OF BILL: An act to authorize the town of Mohawk to extend the
town of Mohawk fire protection district into the village of Fonda

PURPOSE: With the dissolution of the Fonda Village Fire Department
within the last year, the Mohawk Fire District has agreed to provide
fire protection services to the Village of Fonda. Since April 2013,
Mohawk has been providing that service to the Village of Fonda through a
contract.

SUMMARY OF PROVISIONS:

Section 1. Grants the Town of Mohawk in Montgomery County the authority
to extend the Fire District to include and encompass the Village of
Fonda, not withstanding any contrary provisions the NYS Town Law.

Section 2. Establishes, upon completion of the act of the Mohawk Town
Board, that the Mohawk Fire District is extended and governed by section
184 of the Town Law, will all powers and duties as conferred by that
section.

Section 3. Allows the corporation known as the "Town of Mohawk Fire
Department inc." to continue to operate, and expand its operations into
the Village of Fonda.

Section 4. States that the expansion and appurtenant activities are
deemed complete when the Town of Mohawk adopts a resolution extending
the fire protection district, in compliance with subdivision 2 of
section 170 of the NYS Town Law.

Section 5. Effective date - Immediate.

JUSTIFICATION: The Village of Fonda has already voted to dissolve its
fire department. Due to decreasing membership and the inability to
afford the maintenance and improvement of fire fighting apparatus, the
Village has reached an agreement with the Mohawk Fire District to
provider coverage. Currently provided through a contractual arrangement,
this legislation would allow the Mohawk Fire District to encompass the
Village of Fonda.

LEGISLATIVE HISTORY: 2014: (pre-filed) New bill.

FISCAL IMPLICATIONS: None anticipated.

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
________________________________________________________________________

                                  6162

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the town of Mohawk to extend the town of Mohawk fire
  protection district into the village of Fonda

  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 Fonda, in the county of Mont-
gomery, pursuant to section 10-1020 of the village  law  abolishing  the
fire  department  in such village, the town board of the town of Mohawk,
in accordance with the procedures set forth in subdivision 2 of  section
170  of  the town law, shall have the power to extend the town of Mohawk
fire protection district, located in the town of Mohawk to  include  and
encompass  the  entire  corporate limits of the village of Fonda in such
town.
  S 2. Upon the completion by the town  of  Mohawk  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-
rated as the "Town of Mohawk Fire Department, Inc." shall  maintain  its
corporate  existence  and may continue to maintain apparatus, appliances
and facilities within the village of Fonda for the  furnishing  of  fire
protection.  Such  continued  presence in the village of Fonda shall not
render such fire corporation to be the fire department of such  village,
nor shall it render such fire corporation to be under the control of the
village  authorities  pursuant  to  paragraph (e) of section 1402 of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11791-01-3

S. 6162                             2

not-for-profit corporation law, provided, however, that for purposes  of
paragraph  (e)  of  section  1402 of the not-for-profit corporation law,
such fire corporation shall be under the control of the town of Mohawk.
  S  4.  The completion by the town of Mohawk of the proceedings author-
ized by section one of this act shall be deemed to occur when  the  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 the town of Mohawk
from complying with the provisions of subdivision 1 of  section  173  of
the town law.
  S 5. This act shall take effect immediately.

S6162A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8305A
Law Section:
Fire Prevention

S6162A (ACTIVE) - Bill Texts

view summary

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda.

view sponsor memo
BILL NUMBER:S6162A

TITLE OF BILL: An act to authorize the town of Mohawk to extend the
Town of Mohawk Fire District into the village of Fonda

PURPOSE:

With the dissolution of the Fonda Village Fire Department within the
last year, the Mohawk Fire District has agreed to provide fire
protection services to the Village of Fonda. Since April 2013, Mohawk
has been providing that service to the Village of Fonda through a
contract.

SUMMARY OF PROVISIONS:

Section 1. Grants the Town of Mohawk in Montgomery County the
authority to extend the Fire District to include and encompass the
Village of Fonda, not withstanding any contrary provisions the NYS
Town Law.

Section 2. Establishes, upon completion of the act of the Mohawk Town
Board, that the Mohawk Fire District is extended and governed by
article 11 of the Town Law, will all powers and duties as conferred by
that section.

Section 3. Allows the corporation known as the "Town of Mohawk Fire
Department Inc." to continue to operate, and expand its operations
into the Village of Fonda.

Section 4. States that the expansion and appurtenant activities are
deemed complete when the Town of Mohawk adopts a resolution extending
the fire protection district, in compliance with subdivision 2 of
section 170 of the NYS Town Law.

Section 5. Effective date - Immediate.

JUSTIFICATION:

The Village of Fonda has already voted to dissolve its fire
department. Due to decreasing membership and the inability to afford
the maintenance and improvement of fire fighting apparatus, the
Village has reached an agreement with the Mohawk Fire District to
provider coverage. Currently provided through a contractual
arrangement, this legislation would allow the Mohawk Fire District to
encompass the Village of Fonda.

LEGISLATIVE HISTORY:

2014: (pre-filed) New bill.

FISCAL IMPLICATIONS:

None anticipated.

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
________________________________________________________________________

                                 6162--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to authorize the town of Mohawk to extend the Town of Mohawk Fire
  District into the village of Fonda

  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 Fonda, in the county of Mont-
gomery, pursuant to section 10-1020 of the village  law  abolishing  the
fire  department  in such village, the town board of the town of Mohawk,
in accordance with the procedures set forth in subdivision 2 of  section
170  of  the town law, shall have the power to extend the Town of Mohawk
Fire District, located in the town of Mohawk to  include  and  encompass
the entire corporate limits of the village of Fonda in such town.
  S  2.  Upon  the  completion  by the town of Mohawk of the proceedings
authorized by section one of this act, the Town of Mohawk Fire  District
in  the  town  as  extended  shall  be  a  fire district governed by the
provisions of article 11 of the town law, and the board of fire  commis-
sioners  of  such  fire district shall have all of the powers and duties
vested in and imposed on boards of fire commissioners by article  11  of
the town law, and shall be subject to all of the limitations, procedures
and restrictions set forth in such article.
  S  3.  On  and  after  the completion of the proceedings authorized by
section one of this act, the district  corporation  established  as  the
"Town  of  Mohawk  Fire  District" shall maintain its district corporate
status and may continue to maintain apparatus, appliances and facilities
within the village of Fonda for the furnishing of fire protection.  Such
continued  presence  in  the  village  of  Fonda  shall  not render such
district corporation to be the fire  department  of  such  village,  nor

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11791-02-4

S. 6162--A                          2

shall it render such district corporation to be under the control of the
village authorities.
  S  4.  The completion by the town of Mohawk of the proceedings author-
ized by section one of this act shall be deemed to occur when  the  town
adopts a resolution extending a fire 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 the town of Mohawk from comply-
ing 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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