S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10403
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced by M. of A. BYRNES -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  in  relation  to the establishment of the Wheatland-Scottsville
   joint fire district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Except as otherwise provided in this act, the dissolution
 of the town of Wheatland fire protection district located in the town of
 Wheatland, Monroe county, New York, the establishment of the  Wheatland-
 Scottsville  joint fire district by the town board of the town of Wheat-
 land, and the board of trustees of the village  of  Scottsville,  Monroe
 county,  and  all  actions taken in anticipation or as a result thereof,
 shall be governed, except as specifically excluded and excepted  herein,
 by  all  applicable  general, special and local laws, including, but not
 limited to the laws of the state of New York, including but not  limited
 to  the  town  law,  the village law, the general municipal law, and the
 local finance law.
   § 2. The notice of public hearing on the proposed establishment of the
 Wheatland-Scottsville joint fire district,  in  addition  to  any  other
 information  required by subdivision 2 of section 189-a of the town law,
 shall contain statements to the effect that upon  the  establishment  of
 the Wheatland-Scottsville joint fire district and the dissolution of the
 Wheatland fire protection district:
   (a)  the payment of principal and interest on any outstanding bonds or
 notes, leases or other obligations issued or assumed by  the  Wheatland-
 Scottsville  joint  fire district, shall be a charge on the taxable real
 property located in the Wheatland-Scottsville joint fire district;
   (b) any bond resolution adopted by the board of fire commissioners  of
 the Wheatland-Scottsville joint fire district, to authorize the issuance
 of  serial  bonds  in  an amount not to exceed $2,000,000 to finance the
 acquisition from the village of Scottsville of the village's  firehouse,
 the  land  on  which  the firehouse is situated, and the village's fire-
 fighting equipment, apparatus and communication equipment shall  not  be
 subject  to  a  mandatory referendum in accordance with section 38.00 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16056-01-0

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 the local finance law. Subsequent to the issuance of these serial  bonds
 for  these  specific purposes, any future borrowing by the fire district
 shall be in accordance with the applicable provisions of New York  state
 law; and
   (c) such additional information pertaining to the establishment of the
 Wheatland-Scottsville  joint fire district as the town board of the town
 of Wheatland, and the board of trustees of the village  of  Scottsville,
 collectively,  by a majority vote of each board, deem advisable. Each of
 the resolutions of the town board of the  town  of  Wheatland,  and  the
 board  of trustees of the village of Scottsville required by subdivision
 2 of section 189-a of the town law to  establish  the  Wheatland-Scotts-
 ville joint fire district shall be subject to a permissive referendum in
 the  portions of the town of Wheatland and the village of Scottsville to
 be included in the Wheatland-Scottsville joint fire district.
   § 3. Notwithstanding section 173 of the town law,  the  resolution  of
 the town board of the town of Wheatland and the board of trustees of the
 village  of  Scottsville adopted in accordance with section 189-a of the
 town law establishing  the  Wheatland-Scottsville  joint  fire  district
 shall not be subject to the approval of the state comptroller in accord-
 ance  with  section 173 of the town law and the town clerk shall cause a
 certified copy of such resolution to be duly filed in the office of  the
 clerk  of  Monroe county in accordance with subdivision 4 of section 173
 of the town law.
   § 4. Upon the completion of all proceedings required by section  189-a
 of  the  town  law  and section two of this act, to establish the Wheat-
 land-Scottsville joint fire district as of September 1,  2020,  and  the
 completion  of all proceedings required by section 189-e of the town law
 to provide for the management of the district by a board of fire commis-
 sioners elected as provided in article 11 of the town law,  the  initial
 appointments  to  the  board  of  commissioners required by such section
 189-e to be made as provided in subdivision 1 of section 174 of the town
 law may be made at any  time  prior  to  September  1,  2020,  but  such
 appointments shall terminate on December 31, 2020.
   §  5.  A bond resolution adopted by the board of fire commissioners of
 the Wheatland-Scottsville joint fire district  in  accordance  with  the
 local  finance law authorizing the issuance of bonds in an amount not to
 exceed $2,000,000 to finance the acquisition from the village of Scotts-
 ville of the village's firehouse, the land on  which  the  firehouse  is
 situated, and the village's firefighting equipment, apparatus and commu-
 nication  equipment  shall  become effective upon adoption by such board
 and not be subject to a mandatory referendum in accordance with  section
 38.00 of the local finance law.
   §  6.  (a) The village of Scottsville is hereby empowered and directed
 to transfer to the Wheatland-Scottsville joint fire district, the  unex-
 pended  and  encumbered  balance  of  the  appropriations  for  the fire
 protection purposes in the village's 2020-2021 budget, for  use  by  the
 Wheatland-Scottsville  joint  fire  district  for  any  lawful object or
 purpose of the district.
   (b) The town of Wheatland is hereby empowered and directed to transfer
 to the Wheatland-Scottsville joint fire district,  an  amount  equal  to
 4/12  of the unexpended and encumbered balance of the appropriations for
 the fire protection purposes in the town's 2020 budget, for use  by  the
 Wheatland-Scottsville  joint  fire  district  for  any  lawful object or
 purpose of the district.
   § 7. The Wheatland-Scottsville joint fire district is hereby empowered
 and may enter into one or  more  contracts  with  the  Scottsville  fire

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 department,  Inc.  for the provision to all or any portion of the Wheat-
 land-Scottsville joint fire district for fire protection services, emer-
 gency services in case of accidents, calamities or other emergencies  in
 connection with which services of firefighters would be required, gener-
 al  ambulance  service,  or  any combination thereof. Except as provided
 herein, such contracts shall be entered into pursuant to,  and  governed
 by, subdivision 22 of section 176 of the town law and, as provided ther-
 ein, subject to the provisions of section 209-b of the general municipal
 law.
   § 8. This act shall take effect immediately.