STATE OF NEW YORK
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8012
IN SENATE
May 28, 2010
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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:
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
20 respective offices until the thirty-first day of December next succeed-
21 ing; provided, however, that if such district be established subsequent
22 to the first day of October in any year, the officers so appointed by
23 the town board shall hold office until the thirty-first day of December
24 of the next succeeding calendar year. A person so appointed as fire
25 district commissioner shall not serve as chief or assistant chief of the
26 fire district fire department after taking his oath of office as such
27 commissioner and during the time he serves as such commissioner pursuant
28 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.
LBD14271-05-0
S. 8012 2
1 appointees of their appointment and of the time and place which he shall
2 fix for the organization meeting of the board of fire commissioners,
3 which meeting shall be held not later than ten days after the appoint-
4 ment of said officers. At such organization meeting, the treasurer shall
5 preside until such time as a chairman of the board of fire commissioners
6 shall be chosen, but such treasurer shall not be entitled to a vote at
7 such meeting. The board of fire commissioners shall appoint a secretary
8 who shall hold office until the thirty-first day of December following
9 the first election of fire district officers.
10 (b) Whenever two or more fire districts shall have been consolidated
11 pursuant to this article, the several commissioners of each of such
12 districts shall constitute the board of fire commissioners thereof and
13 the several treasurers of such districts shall serve jointly as the
14 treasurers of such consolidated district, until the thirty-first day of
15 December next succeeding the first election of fire district commission-
16 ers and a treasurer for such consolidated district, held pursuant to
17 subdivision two of this section. The terms of office of such fire
18 district officers of the several districts so consolidated shall termi-
19 nate on said thirty-first day of December next succeeding such election.
20 § 3. This act shall take effect immediately.
