A02288 Summary:

BILL NO    A02288 

SAME AS    SAME AS UNI. S02122

SPONSOR    Paulin

COSPNSR    

MLTSPNSR   

Amd S175, Town L

Relates to the election of fire district officers in the town of Eastchester,
Westchester County.
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A02288 Actions:

BILL NO    A02288 

01/11/2013 referred to local governments
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A02288 Votes:

There are no votes for this bill in this legislative session.
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A02288 Memo:

BILL NUMBER:A2288

TITLE  OF  BILL:    An  act  to amend the town law, in relation to the
election of fire district officers in the town of Eastchester

PURPOSE OR GENERAL IDEA OF BILL: To  hold  the  annual  fire  district
election  for  the  town of Eastchester on the Tuesday next succeeding
the first Monday in November.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends  subdivision  1  of
section  175  of  the town law to provide that the town of Eastchester
shall hold its annual fire  district  election  on  the  Tuesday  next
succeeding the first Monday in November.

Section two provides the effective date.

JUSTIFICATION:  The  Eastchester Fire District holds elections of fire
officers in December resulting in very low voter turnout.  On  average
less  than  5%  of  registered  voters  cast a vote. There are also no
absentee ballots allowed in the December special election, which means
homebound individuals are unable to vote.

In addition, holding the election at the same  time  as  the  November
general  election would eliminate the costs of holding a separate fire
district election, potentially resulting in savings to taxpayers.

PRIOR LEGISLATIVE HISTORY:

A.9609, 2012 referred to local governments.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect on  the  first  of  January
next succeeding the date on which it shall have become a law.
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A02288 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 2122                                                  A. 2288

                              2013-2014 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   January 11, 2013
                                      ___________

       IN SENATE -- Introduced by Sen. LATIMER -- 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. PAULIN -- read once and referred
         to the Committee on Local Governments

       AN ACT to amend the town law,  in  relation  to  the  election  of  fire
         district officers in the town of Eastchester

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 of section 175 of the town law, as amended by
    2  chapter 334 of the laws of 2011, is amended to read as follows:
    3    1. An annual election shall be held  in  each  fire  district  on  the
    4  second  Tuesday  in  December,  except  that  in the Ocean Bay Park fire
    5  district, the Lonelyville fire district, the Davis Park  fire  district,
    6  the  Cherry  Grove  fire district, the Fair Harbor fire district and the
    7  Fire Island Pines fire district, Suffolk county,  such  annual  election
    8  shall  be held on the second Tuesday in July, except that in the town of
    9  Salisbury, Herkimer county, AND THE  TOWN  OF  EASTCHESTER,  WESTCHESTER
   10  COUNTY,  such annual election shall be held on the Tuesday next succeed-
   11  ing the first Monday in November from six o'clock in the  morning  until
   12  nine  o'clock  in  the  evening  and  except  that  in  the Belfast fire
   13  district, Allegany county, such annual election shall  be  held  on  the
   14  first  Tuesday  in  December. The board of fire commissioners shall give
   15  notice thereof by the publication of a notice once in one or more  news-
   16  papers  having a general circulation in the district. The first publica-
   17  tion of such notice shall be not less than  twenty-seven  days  and  not
   18  more  than  thirty-four  days  prior  to the date of such election. Such
   19  notice shall specify the time when and the  place  where  such  election
   20  will  be  held,  the  officers  to be elected thereat and their terms of
   21  office, and the hours during which  the  polls  will  be  open  for  the

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05063-01-3
       S. 2122                             2                            A. 2288

    1  receipt  of  ballots.  The secretary of such fire district shall prepare
    2  the ballots for all elections of fire district officers  and  the  polls
    3  shall  remain  open  for  the  receipt  thereof at all elections of fire
    4  district  officers from six o'clock in the evening until nine o'clock in
    5  the evening and such additional consecutive hours prior thereto  as  the
    6  board  of  fire  commissioners  of such district may have determined and
    7  specified in the notice thereof. The board of fire  commissioners  shall
    8  designate  a  resident  fire district elector, who shall be a registered
    9  voter of the town, to act as chairman of any election of  said  district
   10  and  shall  designate not less than two nor more than four resident fire
   11  district electors, who shall be registered voters of the town to act  as
   12  election  inspectors  and  ballot  clerks at such elections. No elective
   13  officer of the fire district shall serve  as  such  chairman  or  as  an
   14  election  inspector or ballot clerk. The board of fire commissioners may
   15  adopt a resolution providing that such chairman, election inspectors and
   16  ballot clerks shall be paid for their respective services  at  any  such
   17  annual  election  or  at any special election of the fire district. Such
   18  resolution, if adopted, shall fix the amount of  such  compensation,  as
   19  follows:  if  the  hours  during  which  the  polls will be open for the
   20  receipt of ballots are from  six  o'clock  in  the  evening  until  nine
   21  o'clock in the evening, a sum not to exceed thirty-five dollars for each
   22  such  official;  if additional consecutive hours prior to six o'clock in
   23  the evening are determined and specified in the notice  of  election,  a
   24  sum not to exceed fifty dollars for each such official.
   25    S  2. This act shall take effect on the first of January next succeed-
   26  ing the date on which it shall have become a law.
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