S T A T E   O F   N E W   Y O R K
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     S. 5698                                                  A. 7459
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- 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. MAGEE -- read once and referred to
   the Committee on Local Governments

 AN  ACT  to  amend  the  town  law,  in  relation to the compensation of
   election inspectors at elections of fire district officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 6 of section 175 of the town law, subdi-
 vision 1 as amended by chapter 334 of the laws of 2011 and subdivision 6
 as  amended  by  chapter 586 of the laws of 2004, are 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, such annual election shall be  held  on  the
 Tuesday next succeeding 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  newspapers having a general circulation in the district. The first
 publication 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

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

                                                            LBD11082-01-7

 S. 5698                             2                            A. 7459
 
 office, and the hours during which  the  polls  will  be  open  for  the
 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] FIFTY  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] SIXTY-FIVE dollars for each such
 official.
   6. If in any fire district the number of voters  is  so  great  as  to
 render it inexpedient or impossible to conduct the election at one poll-
 ing  place, the board of fire commissioners may divide the fire district
 into election districts and  provide  a  polling  place  for  each  such
 election  district,  provided,  however,  that  the  number  of election
 districts in any fire district shall not exceed one for each six hundred
 electors plus one for a remaining  fraction  of  six  hundred.  In  such
 event,  the  notice  specified  in subdivision one of this section shall
 describe the election districts and state where the polling places  will
 be located, and the board of fire commissioners 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  each  such polling place. The board of fire district
 commissioners may  adopt  a  resolution  providing  that  such  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]
 FIFTY 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] SIXTY-FIVE  dollars  for
 each such official. No elective officer of the fire district shall serve
 as an election inspector or ballot clerk.
   § 2. This act shall take effect immediately.