S T A T E O F N E W Y O R K
________________________________________________________________________
959
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
___________
Introduced by M. of A. GALEF, LAWRENCE -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, the general municipal law, the local
finance law and the town law, in relation to annual and special fire
district elections; and to repeal certain provisions of the town law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The county boards of elections will
assume the responsibility for overseeing fire district elections. Such
elections will take place on the days of village and town elections and
in the registered voters' regular polling place. The fire district
governing boards will provide the county boards of elections with the
information necessary to administer such fire district elections.
Voter access to fire district elections will increase as the fire
district elections will take place on a date and location familiar to
all voters, additional voting hours are provided and absentee ballot
applications will be available. This legislation upholds and strengthens
the federal Help America Vote Act (HAVA) since the electronic marking
ballot device would be accessible to all persons with disabilities.
§ 2. Subdivisions 1, 2, 4, 5, and 6 of section 175, sections 175-a and
175-b, subdivisions 3, 6, 7, 8, and 29 of section 176 and section 179 of
the town law are REPEALED.
§ 3. The election law is amended by adding a new article 18 to read as
follows:
ARTICLE 18
FIRE DISTRICT ELECTIONS
SECTION 18-100. ANNUAL AND SPECIAL ELECTIONS.
18-102. NOMINATING PETITIONS.
18-104. VACANCIES.
18-106. CERTIFICATES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02880-01-7
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§ 18-100. ANNUAL AND SPECIAL ELECTIONS. 1. ANNUAL AND SPECIAL FIRE
DISTRICT ELECTIONS SHALL BE GOVERNED BY THE RULES AND PROCEDURES OF
ARTICLES ONE, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE AND TEN OF THIS
CHAPTER AND SHALL TAKE PLACE ON THE TUESDAY NEXT SUCCEEDING THE FIRST
MONDAY IN NOVEMBER.
2. THE COUNTY BOARDS OF ELECTION WILL CONSULT WITH FIRE DISTRICTS TO
ESTABLISH THE VOTING PROCESS BY WHICH ELIGIBLE ELECTORS FOR EACH FIRE
DISTRICT VOTE AT THEIR ELECTION DISTRICT POLLING PLACE.
§ 18-102. NOMINATING PETITIONS. NOTWITHSTANDING SUBDIVISION TWO OF
SECTION 6-142 OF THIS CHAPTER WITH RESPECT TO NOMINATING PETITIONS AND
SIGNATURES, CANDIDATES FOR FIRE DISTRICT OFFICES SHALL FILE WITH THE
COUNTY BOARD OF ELECTIONS A NOMINATING PETITION SUBSCRIBED BY TWENTY-
FIVE VOTERS OF THE FIRE DISTRICT IN THE FORM SET FORTH IN SECTION 6-140
OF THIS CHAPTER.
§ 18-104. VACANCIES. 1. ANY VACANCY IN AN ELECTIVE OFFICE WHICH EXISTS
ON OR BEFORE SEPTEMBER NINETEENTH SHALL BE FILLED AT THE NEXT NOVEMBER
GENERAL ELECTION HELD THEREAFTER, FOR THE REMAINDER OF THE UNEXPIRED
TERM AND SHALL TAKE OFFICE ON JANUARY FIRST OF THE FOLLOWING YEAR. THE
BOARD OF FIRE COMMISSIONERS OF A FIRE DISTRICT, OR A MAJORITY OF THE
MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL A
VACANCY UNTIL DECEMBER THIRTY-FIRST AFTER AN ELECTION HAS BEEN HELD TO
FILL SAID VACANCY.
2. WHENEVER A VACANCY SHALL OCCUR IN AN APPOINTED FIRE DISTRICT
OFFICE, THE BOARD OF FIRE COMMISSIONERS, OR A MAJORITY OF THE MEMBERS
THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL THE VACANCY FOR
THE REMAINDER OF THE UNEXPIRED TERM.
§ 18-106. CERTIFICATES. A FIRE DISTRICT, AT LEAST EIGHT MONTHS BEFORE
EACH GENERAL ELECTION, SHALL MAKE AND TRANSMIT TO THE BOARD OF ELECTIONS
A CERTIFICATE STATING EACH FIRE DISTRICT OFFICE TO BE VOTED FOR AT EACH
SUCH ELECTION. IF ANY SUCH OFFICE IS FOR AN UNEXPIRED TERM, THE CERTIF-
ICATE SHALL SO STATE.
§ 4. The opening paragraph of subdivision 4 of section 6-g of the
general municipal law, as separately amended by chapters 234 and 235 of
the laws of 2006, is amended to read as follows:
Any resolution of the board of fire commissioners authorizing the
establishment of a reserve fund shall not take effect until approved by
the affirmative vote of a majority of the electors of such fire district
affected, qualified to vote at an annual election of fire district offi-
cers, voting on such proposition. Any special election shall be held in
the manner provided in [section one hundred seventy-nine of the town
law] ARTICLE EIGHTEEN OF THE ELECTION LAW, as amended from time to time.
§ 5. Subdivision 6 of section 6-h of the general municipal law, as
amended by chapter 592 of the laws of 1957, is amended to read as
follows:
6. The governing board of a municipal corporation may, subject to a
permissive referendum, authorize the transfer of a portion or all of
such reserve to a capital reserve fund established pursuant to section
six-c of [the general municipal law] THIS ARTICLE.
The board of fire commissioners of a fire district may, subject to the
approval of the voters at a regular or special election in such
district, in the manner provided in [section one hundred seventy-nine of
the town law] ARTICLE EIGHTEEN OF THE ELECTION LAW, authorize the trans-
fer of a portion or all of such reserve to a capital reserve fund estab-
lished pursuant to section six-g [hereof] OF THIS ARTICLE.
§ 6. Paragraph a of section 38.00 of the local finance law is amended
to read as follows:
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a. A bond resolution or a capital note resolution adopted by the
finance board of a fire district shall not become effective unless it
shall have been approved at a regular or special election of such
district in the manner provided in [section one hundred and seventy-nine
of the town law] ARTICLE EIGHTEEN OF THE ELECTION LAW, as amended from
time to time.
§ 7. Subdivision 16, the second undesignated paragraph of subdivision
18, and subdivision 23 of section 176 of the town law, subdivision 16 as
amended by chapter 211 of the laws of 1958, the second undesignated
paragraph of subdivision 18 as amended by chapter 28 of the laws of
1969, and subdivision 23 as amended by chapter 430 of the laws of 2016,
are amended to read as follows:
16. May contract to provide outside of the fire district (1) fire
protection, (2) emergency service in case of accidents, calamities or
other emergencies, or (3) general ambulance service pursuant to the
provisions of section two hundred nine-b of the general municipal law,
upon such terms as the board of fire commissioners may determine proper,
provided that such service can be supplied without undue hazard to the
fire district furnishing the service. Whenever the fire department or
fire company of a fire district provides any such service to outside
territory pursuant to a contract, as aforesaid, the board of fire
commissioners of such fire district may pay to the fire department of
such fire district, or to any fire company or companies of such fire
district, performing the service, such portion of the contract price as
such board may deem proper, but not in any event to exceed thirty-five
per centum of such contract price. The amount received pursuant to any
such contract may be expended without being included in the amount that
may be expended annually without the adoption of a proposition therefor
as provided in subdivision [numbered] eighteen of this section [and in
section one hundred seventy-nine of this chapter].
In addition to such expenditures, the board of fire commissioners of
any fire district may, without the adoption of a proposition therefor,
expend from the first district revenues for any fiscal year for purposes
authorized by or pursuant to law not to exceed two thousand dollars and
in districts having a full valuation of real property taxable for fire
district purposes in excess of one million dollars an additional amount
equivalent to one mill for each dollar of full valuation of taxable real
property in excess of the first million dollars of full valuation of
such taxable real property. Such full valuation shall, for the purposes
of this subdivision, be computed by dividing the assessed valuation of
the real property subject to taxation by the fire district, as shown on
the assessment roll for the fire district which was completed in the
second calendar year prior to that in which the expenditure is to be
made, by the town equalization rate established for such roll by the
state board of equalization and assessment. Where, in the case of a
newly-created fire district, there is no such completed assessment roll
for such fire district, full valuation shall be determined from the
assessment roll upon which the real property included within the
district was assessed for town purposes and which was completed in the
second calendar year prior to that in which the expenditure is to be
made. In any fire district the foregoing limitations provided in this
subdivision may be exceeded if a proposition has been adopted [pursuant
to paragraph (d) of subdivision one of section one hundred seventy-nine
of this chapter].
23. May sell or otherwise dispose of real and personal property of the
district no longer necessary for any of its uses or purposes if, when
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and in the manner and to the extent authorized so to do in a proposition
which is duly submitted and adopted or approved at a special or annual
fire district election in the manner provided by [section one hundred
seventy-nine of this] article EIGHTEEN OF THE ELECTION LAW for voting
upon appropriations, except that if a proposition shall be submitted
[pursuant to the provisions of said section] for the purchase of appara-
tus or if a proposition shall be submitted pursuant to the local finance
law for the approval of a bond resolution or a capital note resolution
for obligations to be issued for the purchase of apparatus, such propo-
sition may specify that apparatus or equipment owned by the district or
the proceeds of the sale thereof is to be used in part payment for new
apparatus and the adoption of such proposition shall authorize the sale
or such other disposition of such apparatus or equipment, or if appara-
tus or equipment is to be purchased without the submission of a proposi-
tion as aforesaid apparatus or equipment owned by the district may be
used as part payment for new apparatus or equipment without the adoption
of a proposition therefor, and except also that the board of fire
commissioners may at any time sell or otherwise dispose of real and
personal property of the district no longer necessary for any of its
uses or purposes if valued at less than one hundred thousand dollars but
not below twenty thousand dollars, if, when and in the manner and to the
extent authorized so to do in a resolution which shall be subject to a
permissive referendum governed in the manner provided in subdivision
four of section six-g of the general municipal law and except also that
the board of fire commissioners may at any time sell or otherwise
dispose of real and personal property of the district no longer neces-
sary for any of its uses or purposes without the adoption of a proposi-
tion therefor if the value of such real and personal property does not
exceed the sum of twenty thousand dollars.
§ 8. Subdivision 3 of section 186 of the town law, as amended by chap-
ter 774 of the laws of 1952, is amended to read as follows:
3. Every incorporated fire company, and every town fire company estab-
lished and existing on June first, nineteen hundred thirty-three, pursu-
ant to sections three hundred ten, three hundred eleven and three
hundred twelve of article fourteen of chapter sixty-three of the laws of
nineteen hundred nine, entitled "An act relating to towns, constituting
chapter sixty-two of the consolidated laws," and acts amendatory thereof
and supplemental thereto, which shall have its headquarters in any water
district, water supply district, or highway district, and providing fire
protection in such district on the first day of June, nineteen hundred
thirty-three, shall continue to exist and may provide fire protection in
such districts or any of them, and each such district shall constitute a
fire protection district and be subject to all of the provisions of this
chapter relating to fire protection districts, so far as the same do not
conflict with the provisions of this subdivision. However, any water
district, governed by district commissioners, providing fire protection
pursuant to this subdivision shall constitute and be a fire district,
with all powers and limitations of a fire district so far as the same do
not conflict with the provisions of this subdivision. The town board of
the town in which any such district is located may contract with any
such incorporated fire company or town fire company for the furnishing
of fire protection within such district and the amount of any such
contract shall be assessed and levied upon the taxable property in such
district and collected in the same manner as town charges are assessed,
levied and collected. The funds so collected shall be paid by the
collector to the supervisor of the town who shall apply the same in
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payment of the amount of such contract. The board of water commission-
ers, in the case of water districts to which the provisions of article
thirteen of this chapter apply, or the town board of the town in the
case of the other districts hereinbefore specified, shall have and may
exercise any and all of the powers and duties of fire district commis-
sioners as provided in subdivisions nine to twenty-five inclusive of
section one hundred seventy-six of this chapter, and may purchase, equip
and operate an ambulance for the benefit of the residents of the
district and may, upon its own motion and shall, upon petition, cause to
be submitted at a special or annual district election a proposition [in
the manner and for any of the purposes specified in section one hundred
seventy-nine of this chapter]. The board of water commissioners, if
there be any, in the case of water districts, and the town board in the
case of other districts shall annually prepare and file with the super-
visor and town clerk of each town in which such district is located, an
itemized and verified statement of the amount of moneys necessary to be
raised in such district for fire purposes and the amount thereof shall
be assessed and levied on the taxable property of such district, and
collected, all in the manner provided in section one hundred eighty-one
of this chapter. An annual financial statement setting forth in detail
the receipts and expenditures of such district for fire purposes shall
be filed by the board of water commissioners, if there be any, in the
case of water districts and by the town board, in the case of all other
districts, in the manner provided in section one hundred eighty-one.
§ 9. This act shall take effect two years after it shall have become a
law.