NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7356
SPONSOR: Galef TITLE OF BILL:
An act to amend the town law, in relation to authorizing a town to
establish and operate a town fire department
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow towns to establish and oper-
ate their own fire department, as a city and village can currently do.to
establish and operative a town fire department.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Article 10-A, FIRE DEPARTMENT, is added to the Town Law.
§ 160. Establishment of town fire department. Notwithstanding the
provisions of article eleven of this chapter or any other provision of
law contrary, the town board of any town, which does not have a fire
district, may establish and operate a town fire department.
§ 161. Powers of town board.
§ 162. Rules and Regulations.
§ 163. Organization of companies.
§ 164. Volunteer member of town fire companies.
§ 165. Incorporation of fire department.
§ 166. Election of company officers and delegates.
§ 167. Chief and assistant chiefs.
Section 2. This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.
JUSTIFICATION:
Current law does not allow for the establishment of town fire depart-
ments. However, cities and villages may have fire departments under
their control. A town is only allowed to have a fire protection district
or a fire district with a separate board of commissioners. As part of
the Senate Local Governments Committee report entitled, "Sharing
Services and Saving Tax Dollars," it was discovered that there is a lot
of discrepancy with respect to activities cities, towns, and villages
can provide. One specific example is that cities and villages can have
fire departments, yet towns cannot. While there may have been some
reason for this a hundred years ago when the town law was created, there
no longer exists any reason for this prohibition.
This legislation seeks to level the playing field and allow towns to
establish town fire departments.
PRIOR LEGISLATIVE HISTORY:
S. 996 of 2009/2010
S. 1492 of 2011/2012
S. 271 of 2009/2010
S. 4912-B of 2007/2008
FISCAL IMPLICATIONS:
There are no fiscal implications 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.
