Bill Text: NY A09865 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the town of Salem, in the county of Washington, to extend the Salem fire protection district into the village of Salem.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - substituted by s6871 [A09865 Detail]

Download: New_York-2011-A09865-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9865
                                 I N  A S S E M B L Y
                                    April 18, 2012
                                      ___________
       Introduced by M. of A. JORDAN -- read once and referred to the Committee
         on Local Governments
       AN  ACT  to authorize the town of Salem to extend the town of Salem fire
         protection district into the village of Salem
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Notwithstanding any contrary provisions of article 11 of
    2  the town law, commencing upon the effective date of a resolution adopted
    3  by the board of trustees of the village of Salem, in the county of Wash-
    4  ington, pursuant to section 10-1020 of the village  law  abolishing  the
    5  fire department in such village, the town board of the town of Salem, in
    6  accordance with the procedures set forth in subdivision 2 of section 170
    7  of  the  town law, shall have the power to extend the town of Salem fire
    8  protection district, located in the town of Salem to include and  encom-
    9  pass the entire corporate limits of the village of Salem in such town.
   10    S  2.  Upon  the  completion  by  the town of Salem of the proceedings
   11  authorized by section one of this act, the fire protection  district  in
   12  the town as extended shall be a fire protection district governed by the
   13  provisions  of  section  184 of the town law, and the town board of such
   14  town shall have all of the powers and duties vested in  and  imposed  on
   15  town  boards by section 184 of the town law, and shall be subject to all
   16  of the limitations,  procedures  and  restrictions  set  forth  in  such
   17  section.
   18    S  3.  On  and  after  the completion of the proceedings authorized by
   19  section one of this act, the not-for-profit  fire  corporation  incorpo-
   20  rated  as the "Salem Volunteer Fire Department, Inc." shall maintain its
   21  corporate existence and may continue to maintain  apparatus,  appliances
   22  and  facilities  within  the village of Salem for the furnishing of fire
   23  protection. Such continued presence in the village of  Salem  shall  not
   24  render  such fire corporation to be the fire department of such village,
   25  nor shall it render such fire corporation to be under the control of the
   26  village authorities pursuant to paragraph (e) of  section  1402  of  the
   27  not-for-profit  corporation law, provided, however, that for purposes of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15204-01-2
       A. 9865                             2
    1  paragraph (e) of section 1402 of  the  not-for-profit  corporation  law,
    2  such fire corporation shall be under the control of the town of Salem.
    3    S 4. The completion by the town of Salem of the proceedings authorized
    4  by section one of this act shall be deemed to occur when the town adopts
    5  a  resolution extending a fire protection district as required by subdi-
    6  vision 2 of section 170 of the town law; provided, however, that nothing
    7  in this act shall be construed as  relieving  the  town  of  Salem  from
    8  complying  with  the  provisions  of subdivision 1 of section 173 of the
    9  town law.
   10    S 5. This act shall take effect immediately.