STATE OF NEW YORK
________________________________________________________________________
8984--A
2009-2010 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 13 of section 750 of the general municipal law,
2 as added by chapter 74 of the laws of 2009, is amended to read as
3 follows:
4 13. "Local government entity" or "entity" shall mean a town, village,
5 district, special improvement district or other improvement district,
6 including, but not limited to, special districts created pursuant to
7 [articles eleven,] article twelve, twelve-A or thirteen of the town law,
8 library districts, and other districts created by law; provided, howev-
9 er, that a local government entity shall not include school districts,
10 city districts, fire districts or special purpose districts created by
11 counties under county law.
12 § 2. Subdivision 1 of section 174 of the town law, as amended by
13 chapter 74 of the laws of 2009, is amended to read as follows:
14 1. (a) Whenever a fire district shall be established, within ten days
15 thereafter the town board of the town in which such district is located
16 or, in the case of a district including territory in two or more towns,
17 the town boards of such towns acting jointly by a majority vote of the
18 members of each of such town boards, shall appoint five fire district
19 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
1 respective offices until the thirty-first day of December next succeed-
2 ing; provided, however, that if such district be established subsequent
3 to the first day of October in any year, the officers so appointed by
4 the town board shall hold office until the thirty-first day of December
5 of the next succeeding calendar year. A person so appointed as fire
6 district commissioner shall not serve as chief or assistant chief of the
7 fire district fire department after taking his oath of office as such
8 commissioner and during the time he serves as such commissioner pursuant
9 to such appointment. The town clerk shall immediately notify the
10 appointees of their appointment and of the time and place which he shall
11 fix for the organization meeting of the board of fire commissioners,
12 which meeting shall be held not later than ten days after the appoint-
13 ment of said officers. At such organization meeting, the treasurer shall
14 preside until such time as a chairman of the board of fire commissioners
15 shall be chosen, but such treasurer shall not be entitled to a vote at
16 such meeting. The board of fire commissioners shall appoint a secretary
17 who shall hold office until the thirty-first day of December following
18 the first election of fire district officers.
19 (b) Whenever two or more fire districts shall have been consolidated
20 pursuant to this article, the several commissioners of each of such
21 districts shall constitute the board of fire commissioners thereof and
22 the several treasurers of such districts shall serve jointly as the
23 treasurers of such consolidated district, until the thirty-first day of
24 December next succeeding the first election of fire district commission-
25 ers and a treasurer for such consolidated district, held pursuant to
26 subdivision two of this section. The terms of office of such fire
27 district officers of the several districts so consolidated shall termi-
28 nate on said thirty-first day of December next succeeding such election.
29 § 3. This act shall take effect on the same date and in the same
30 manner as chapter 74 of the laws of 2009, takes effect.
