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S04151 Summary:

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S04151 Floor Votes:

S04151 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4151                                                  A. 6558
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     March 21, 2011
                                       ___________
 
        IN  SENATE -- Introduced by Sen. LITTLE -- 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. DUPREY -- read once  and  referred
          to the Committee on Local Governments
 

        AN  ACT  to  authorize the town of Malone, in the county of Franklin, to
          extend the town of Malone fire protection district into the village of
          Malone
 
          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 Malone  pursuant  to  section
     4  10-1020 of the village law abolishing the fire department in the village
     5  of  Malone,  in  the  county  of Franklin, the town board of the town of
     6  Malone, in the county of Franklin, in accordance with the procedures set
     7  forth in subdivision 2 of section 170 of the town law,  shall  have  the
     8  power to extend the Malone fire protection district, located in the town

     9  of  Malone  to  include and encompass the entire corporate limits of the
    10  village of Malone in such town.
    11    § 2. Upon the completion by the town  of  Malone  of  the  proceedings
    12  authorized  by  section one of this act, the fire protection district in
    13  the town as extended shall be a fire protection district governed by the
    14  provisions of section 184 of the town law, and the town  board  of  such
    15  town  shall  have  all of the powers and duties vested in and imposed on
    16  town boards by section 184 of the town law, and shall be subject to  all
    17  of  the  limitations,  procedures  and  restrictions  set  forth in such
    18  section.
    19    § 3. On and after the completion  of  the  proceedings  authorized  by
    20  section  one  of  this act, the not-for-profit fire corporation incorpo-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD10331-01-1
        S. 4151                             2                            A. 6558
 
     1  rated as the "Malone Call Firemen, Inc." shall  maintain  its  corporate
     2  existence and may continue to maintain apparatus, appliances and facili-
     3  ties within the village of Malone for the furnishing of fire protection.
     4  Such  continued  presence  in the village of Malone shall not render the
     5  fire corporation to be the fire department of such village, nor shall it
     6  render the fire corporation under the control of the village authorities
     7  pursuant to paragraph (e) of section 1402 of the  not-for-profit  corpo-
     8  ration  law,  provided,  however,  that for purposes of paragraph (e) of

     9  section 1402 of the not-for-profit corporation law, the fire corporation
    10  shall be under the control of the town of Malone.
    11    § 4. The completion by the town of Malone of the  proceedings  author-
    12  ized  by  section one of this act shall be deemed to occur when the town
    13  board of such town adopts  a  resolution  extending  a  fire  protection
    14  district  as  required  by subdivision 2 of section 170 of the town law,
    15  provided, however, that nothing  in  this  act  shall  be  construed  as
    16  relieving  such town from complying with the provisions of subdivision 1
    17  of section 173 of the town law.
    18    § 5. This act shall take effect immediately.