S T A T E   O F   N E W   Y O R K
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                                  3998

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, HAWLEY, GIGLIO, GUNTHER, LUPARDO,
  SCHIMMINGER, CALHOUN, MAYERSOHN, CASTRO, JAFFEE, M. MILLER  --  Multi-
  Sponsored  by  --  M. of A. BURLING, CONTE, CROUCH, DenDEKKER, DUPREY,
  FINCH, P. LOPEZ, MAGEE, McKEVITT,  RAIA,  SALADINO,  TEDISCO,  THIELE,
  WEISENBERG -- read once and referred to the Committee on Local Govern-
  ments

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07713-01-1
              

A. 3998                             2

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 immediately and  shall  be  deemed  to
have been in full force and effect on and after June 24, 2009.