NY State Senate Bill 2013-S6162

Senate Bill S6162

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

download bill text pdf

Archive: Last Bill Status Via A8305 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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
Jan 22, 2014	amend (t) and recommit to local government
Jan 08, 2014	referred to local government

Votes

- Jun 18, 2014 - Floor Vote
  A8305
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ball
      
      excused (2)
      
      Espaillat
      
      Golden
  Jun 18, 2014 - Rules Committee Vote
  S6162
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2014
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Espaillat

Bill Amendments

Original

A (Active)

2013-S6162 - Details

See Assembly Version of this Bill:: A8305
Law Section:: Fire Prevention

2013-S6162 - Summary

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

2013-S6162 - Sponsor Memo

2013-S6162 - Bill Text download pdf

                            
                    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.

2013-S6162A (ACTIVE) - Details

See Assembly Version of this Bill:: A8305
Law Section:: Fire Prevention

2013-S6162A (ACTIVE) - Summary

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

2013-S6162A (ACTIVE) - 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.

2013-S6162A (ACTIVE) - Bill Text download pdf

                            
                    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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