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Senate Bill S8012

2009-2010 Legislative Session

Exempts fire departments from consolidation or dissolution

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2009-S8012 (ACTIVE) - Details

See Assembly Version of this Bill:
A8984
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §750, Gen Muni L; amd §174, Town L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3998
2013-2014: A6275

2009-S8012 (ACTIVE) - Summary

Exempts fire departments from consolidation or dissolution.

2009-S8012 (ACTIVE) - Sponsor Memo

2009-S8012 (ACTIVE) - Bill Text download pdf 

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

                                  8012

                            I N  S E N A T E

                              May 28, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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