S T A T E O F N E W Y O R K
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8984--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 17, 2009
___________
Introduced by M. of A. GABRYSZAK, HAWLEY, GIGLIO, GUNTHER, LUPARDO,
SCHIMMINGER, CALHOUN, SCOZZAFAVA, MAYERSOHN, CASTRO, JAFFEE -- Multi-
Sponsored by -- M. of A. BURLING, CROUCH, DUPREY, MAGEE, RAIA, TEDIS-
CO, THIELE, TOWNSEND, WEISENBERG -- read once and referred to the
Committee on Local Governments -- recommitted to the Committee on
Local Governments in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general municipal law and the town law, in relation
to exempting fire departments from consolidation or dissolution
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 13 of section 750 of the general municipal law,
as added by chapter 74 of the laws of 2009, is amended to read as
follows:
13. "Local government entity" or "entity" shall mean a town, village,
district, special improvement district or other improvement district,
including, but not limited to, special districts created pursuant to
[articles eleven,] ARTICLE twelve, twelve-A or thirteen of the town law,
library districts, and other districts created by law; provided, howev-
er, that a local government entity shall not include school districts,
city districts, FIRE DISTRICTS or special purpose districts created by
counties under county law.
S 2. Subdivision 1 of section 174 of the town law, as amended by
chapter 74 of the laws of 2009, is amended to read as follows:
1. (A) Whenever a fire district shall be established, within ten days
thereafter the town board of the town in which such district is located
or, in the case of a district including territory in two or more towns,
the town boards of such towns acting jointly by a majority vote of the
members of each of such town boards, shall appoint five fire district
commissioners and a treasurer for such district who shall hold their
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14271-04-0
A. 8984--A 2
respective offices until the thirty-first day of December next succeed-
ing; provided, however, that if such district be established subsequent
to the first day of October in any year, the officers so appointed by
the town board shall hold office until the thirty-first day of December
of the next succeeding calendar year. A person so appointed as fire
district commissioner shall not serve as chief or assistant chief of the
fire district fire department after taking his oath of office as such
commissioner and during the time he serves as such commissioner pursuant
to such appointment. The town clerk shall immediately notify the
appointees of their appointment and of the time and place which he shall
fix for the organization meeting of the board of fire commissioners,
which meeting shall be held not later than ten days after the appoint-
ment of said officers. At such organization meeting, the treasurer shall
preside until such time as a chairman of the board of fire commissioners
shall be chosen, but such treasurer shall not be entitled to a vote at
such meeting. The board of fire commissioners shall appoint a secretary
who shall hold office until the thirty-first day of December following
the first election of fire district officers.
(B) WHENEVER TWO OR MORE FIRE DISTRICTS SHALL HAVE BEEN CONSOLIDATED
PURSUANT TO THIS ARTICLE, THE SEVERAL COMMISSIONERS OF EACH OF SUCH
DISTRICTS SHALL CONSTITUTE THE BOARD OF FIRE COMMISSIONERS THEREOF AND
THE SEVERAL TREASURERS OF SUCH DISTRICTS SHALL SERVE JOINTLY AS THE
TREASURERS OF SUCH CONSOLIDATED DISTRICT, UNTIL THE THIRTY-FIRST DAY OF
DECEMBER NEXT SUCCEEDING THE FIRST ELECTION OF FIRE DISTRICT COMMISSION-
ERS AND A TREASURER FOR SUCH CONSOLIDATED DISTRICT, HELD PURSUANT TO
SUBDIVISION TWO OF THIS SECTION. THE TERMS OF OFFICE OF SUCH FIRE
DISTRICT OFFICERS OF THE SEVERAL DISTRICTS SO CONSOLIDATED SHALL TERMI-
NATE ON SAID THIRTY-FIRST DAY OF DECEMBER NEXT SUCCEEDING SUCH ELECTION.
S 3. This act shall take effect on the same date and in the same
manner as chapter 74 of the laws of 2009, takes effect.