NY State Senate Bill 2019-S8133A

Archive: Last Bill Status - In Senate Committee Local Government Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 18, 2020	print number 8133a
Sep 18, 2020	amend and recommit to local government
Mar 26, 2020	referred to local government

Bill Amendments

Original

A (Active)

2019-S8133 - Details

See Assembly Version of this Bill:: A10403
Current Committee:: Senate Local Government
Law Section:: Monroe County
Versions Introduced in 2021-2022 Legislative Session:: A1126

2019-S8133 - Summary

Establishes the Wheatland-Scottsville Joint Fire District; provides for the dissolution of the town of Wheatland fire protection district located in the town of Wheatland, Monroe county, New York, and the establishment of the Wheatland-Scottsville joint fire district by the town board of the Town of Wheatland, and the board of trustees of the village of Scottsville, Monroe county.

2019-S8133 - Sponsor Memo

                                
 
BILL NUMBER: S8133

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act in relation to the establishment of the Wheatland-Scottsville
joint fire district

 
PURPOSE:

This bill establishes the Wheatland-Scottsville Joint Fire District by
way of the dissolution of the Town of Wheatland Fire Protection
district. This new joint district will provide services to the eastern
portion of the Town of Wheatland and the entirety of the Village of
Scottsville.

 
SUMMARY OF PROVISIONS:

Section 1 emphasizes the governance of applicable law.

Sections 2 enumerates additional provisions to be included in the notice

of public hearing pre-dating formation of the District, including the
promulgation of resolutions by the Town Board of Wheatland and Village
Board of Scottsville, enabling formation of the District, be subject to
a permissive referendum only within the portion of the municipal bounda-
ries encompassing said joint fire district and that the statutory
requirement regarding bond resolutions adopted by the joint fire
district board not be subject to approval at a regular or special
election of such district.

Section 3 waives the requirement, pursuant to section 173 of the town
law that the resolutions adopted to establish the joint fire district be
subject to the approval of the State Comptroller.

Section 4 authorizes that on or before September 1, 2020, the appoint-
ment of members of the Board of Commissioners for said joint fire
district may be made and that such appointments must terminate on Decem-
ber 31, 2020.

Sections 5 notwithstands the applicable section of the local finance law
governing the requirement that a bond resolution, issuing serial bonds
totaling no more than $2,000,000.00 to finance the acquisition of the
Village's firehouse and other ancillary equipment, be subject to
approval at a regular or special election of such district.

Section 6 empowers the Village to transfer the balance of appropriations
for fire protection purposes, included within its 2020-2021 budget, and
the Town to transfer a portion of the balance of appropriations for such
purposes, included within its 2020-2021 budget, to the new joint fire
district.

Section 7 empowers the joint fire district, pursuant to article 11 of
the town law as well as article 10 of the general municipal law, to
contract with the Scottsville Fire Department, Inc., for the provision
of any or all of the following services: fire protection; emergency
services in situations necessitating firefighter assistance; and general
ambulance service or any combination thereof.

Section 8 establishes the effective date.
 
JUSTIFICATION:

A study committee comprising leadership from the Scottsville Volunteer
Fire Department, Inc., the Supervisor of the Town of Wheatland, and the
Scottsville Village Mayor, has met for several months and recently
requested that the formation of a joint fire district be codified into
statute in order to provide the highest level of public safety.

Moreover, the establishment of said joint fire district will afford
taxpayers more direct representation, through a community-elected Board
of Fire Commissioners, and will ensure that funding is dedicated to
training and equipment, both essential to the delivery of fire services.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S8133 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8133
 
                             I N  S E N A T E
 
                              March 26, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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

 S. 8133                             2
 
 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

 S. 8133                             3
 
 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.

2019-S8133A (ACTIVE) - Details

See Assembly Version of this Bill:: A10403
Current Committee:: Senate Local Government
Law Section:: Monroe County
Versions Introduced in 2021-2022 Legislative Session:: A1126

2019-S8133A (ACTIVE) - Summary

2019-S8133A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8133A

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act in relation to the establishment of the Wheatland-Scottsville
joint fire district

 
PURPOSE:

This bill facilitates the ongoing establishment of the Wheatland-Scotts-
ville Joint Fire District. This new joint district will provide services
to the eastern portion of the Town of Wheatland and the entirety of the
Village of Scottsville, both situated in Monroe County.

 
SUMMARY OF PROVISIONS:

Section 1 emphasizes the governance of applicable law.

Sections 2 specifies that payment and interest of any outstanding bonds
or notes, leases or other obligations will be assumed by the Wheatland-

Scottsville Joint Fire District.

Sections 3 notwithstands the applicable section of the local finance law
governing the requirement that a bond resolution, issuing serial bonds
totaling no more than $2,000,000.00 to finance the acquisition of the
Village's firehouse and other ancillary equipment, be subject to
approval at a regular or special election of such district.

Section 4 empowers the Village to transfer the balance of appropriations
for fire protection purposes, included within its 2020-2021 budget, and
the Town to transfer a portion of the balance of appropriations for such
purposes, included within its 2020-2021 budget, to the new joint fire
district.

Section 5 empowers the joint fire district, pursuant to article 11 of
the town law as well as article 10 of the general municipal law, to
contract with the Scottsville Fire Department, Inc., for the provision
of any or all of the following services: fire protection; emergency
services in situations necessitating firefighter assistance; and general
ambulance service or any combination thereof.

Section 6 establishes the effective date.

 
JUSTIFICATION:

A study committee comprising leadership from the Scottsville Volunteer
Fire Department, Inc., the Supervisor of the Town of Wheatland, and the
Scottsville Village Mayor, met over several months and concluded that
the formation of a joint fire district be codified into statute in order
to provide the highest level of public safety to such communities.

This bill facilitates the ongoing establishment of said joint fire
district, which will afford taxpayers more direct representation,
through a community-elected Board of Fire Commissioners, and will ensure
that funding is dedicated to training and equipment, both essential to
the delivery of fire services.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S8133A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8133--A
 
                             I N  S E N A T E
 
                              March 26, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 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 payment of principal and interest on any outstanding bonds or
 notes,  leases  or  other  obligations  of  the  village of Scottsville,
 related to fire protection, issued or assumed by  the  Wheatland-Scotts-
 ville joint fire district, shall be a charge on the taxable real proper-
 ty located in the Wheatland-Scottsville joint fire district.
   § 3. Any bond resolution adopted by the board of fire commissioners of
 the  Wheatland-Scottsville  joint  fire  district in accordance with the
 local finance law 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  firefighting  equipment,  apparatus  and
 communication  equipment  shall  become  effective upon adoption by such
 board of a resolution and shall not be subject to a mandatory referendum
 in accordance with section 38.00 of the local finance law. Subsequent to
 the issuance of such serial  bonds  for  these  specific  purposes,  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16056-02-0

 S. 8133--A                          2
 
 future  borrowing  by  the fire district shall be in accordance with the
 applicable provisions of New York state law.
   §  4.  (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 the
 unexpended and encumbered balance of the  appropriations  for  the  fire
 protection  purposes  in the town's 2020 budget, which has not been paid
 to the village for use by the Wheatland-Scottsville joint fire  district
 for any lawful object or purpose of the district.
   § 5. The Wheatland-Scottsville joint fire district is hereby empowered
 and  may  enter  into  one  or  more contracts with the Scottsville fire
 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.
   § 6. This act shall take effect immediately.

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Senate Bill S8133A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2019-S8133 - Details

2019-S8133 - Summary

2019-S8133 - Sponsor Memo

2019-S8133 - Bill Text download pdf

2019-S8133A (ACTIVE) - Details

2019-S8133A (ACTIVE) - Summary

2019-S8133A (ACTIVE) - Sponsor Memo

2019-S8133A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8133A

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2019-S8133 - Details

2019-S8133 - Summary

2019-S8133 - Sponsor Memo

2019-S8133 - Bill Text download pdf

2019-S8133A (ACTIVE) - Details

2019-S8133A (ACTIVE) - Summary

2019-S8133A (ACTIVE) - Sponsor Memo

2019-S8133A (ACTIVE) - Bill Text download pdf

Comments