Bill Text: NY A05636 | 2017-2018 | General Assembly | Introduced


Bill Title: Exempts villages and fire districts from local consolidation and dissolution of government.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A05636 Detail]

Download: New_York-2017-A05636-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5636
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2017
                                       ___________
        Introduced  by  M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A.
          GRAF -- read once and referred to the Committee on Local Governments
        AN ACT to amend the general municipal law, the town law, the village law
          and the local finance law in relation to exempting villages  and  fire
          districts from the local consolidation or dissolution of local govern-
          ments;  and  to repeal certain provisions of the general municipal law
          relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 4 and 13 of section 750 of the general munici-
     2  pal law, as added by chapter 74 of the laws of 2009, are amended to read
     3  as follows:
     4    4. "Contiguous" shall mean when a portion of a town [or village] abuts
     5  the boundary of another town [or village], including a town [or village]
     6  separated  from  the  exact  boundary  of another town [or village] by a
     7  street, road, railroad, highway, river or other  natural  or  artificial
     8  stream or body of water.
     9    13.   "Local  government  entity"  or  "entity"  shall  mean  a  town,
    10  [village,] district, special improvement district or  other  improvement
    11  district,  including,  but  not  limited  to,  special districts created
    12  pursuant to articles eleven, twelve, twelve-A or thirteen  of  the  town
    13  law,  library  districts,  and other districts created by law; provided,
    14  however, that a local government  entity  shall  not  include  villages,
    15  school  districts,  city  districts,  fire districts, or special purpose
    16  districts created by counties under county law.
    17    § 2. Section 756 of the general municipal law, as added by chapter  74
    18  of the laws of 2009, is amended to read as follows:
    19    §  756. Effective date of joint consolidation agreement. Local govern-
    20  ment entities consolidated pursuant to a joint  consolidation  agreement
    21  shall  continue  to be governed as before consolidation until the effec-
    22  tive date of the consolidation  specified  in  the  joint  consolidation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08488-01-7

        A. 5636                             2
     1  agreement;  provided,  however,  that  no  joint consolidation agreement
     2  consolidating two or more towns, two or more villages  or  one  or  more
     3  towns  and  villages  shall take effect unless approved by a majority of
     4  electors  in  each  such  town  [and/or  village] at a referendum called
     5  through a resolution enacted pursuant to section  seven  hundred  fifty-
     6  five of this title.
     7    § 3. Subdivisions 1 and 3 of section 757 of the general municipal law,
     8  as  added  by  chapter  74  of  the laws of 2009, are amended to read as
     9  follows:
    10    1. The electors of two or more local government entities may  commence
    11  a  consolidation  proceeding  by filing an original petition, containing
    12  not less than the number of signatures provided for in  subdivision  two
    13  of  this  section  and  in the form provided for in subdivision three of
    14  this section, with the clerk of the town in which the  entities  or  the
    15  greater  portion  of their territory are located[, except that if one or
    16  more of the entities to be consolidated is a village the original  peti-
    17  tion  of  electors from the village shall be filed with the clerk of the
    18  village]. Accompanying  the  filed  petition  shall  be  a  cover  sheet
    19  containing  the  name, address and telephone number of an individual who
    20  signed the petition and who will serve as a contact person.
    21    3. The petition shall substantially comply with, and be circulated in,
    22  the following form:
    23                 PETITION FOR LOCAL GOVERNMENT CONSOLIDATION
    24    We, the undersigned electors and legal voters of (insert type of local
    25  government entity - e.g., town[, village] or district) of  (insert  name
    26  of  local  government  entity),  New York, qualified to vote at the next
    27  general or special election, respectfully petition that there be submit-
    28  ted to the electors and legal voters of (insert type and name  of  local
    29  government  entities proposed to be consolidated), for their approval or
    30  rejection at a referendum held for that purpose, a proposal  to  consol-
    31  idate  (insert  type  and  name of local government entity) with (insert
    32  type and name of local government entity or entities).
    33    In witness whereof, we have signed our names on  the  dates  indicated
    34  next to our signatures.
    35       Date      Name - print name under signature             Home Address
    36    1. _____       _________________________________             ____________
    37    2. _____       _________________________________             ____________
    38    3. _____       _________________________________             ____________
    39    (On the bottom of each page of the petition, after all of the numbered
    40  signatures,  insert a signed statement of a witness who is a duly quali-
    41  fied elector of the state  of  New  York.  Such  a  statement  shall  be
    42  accepted  for  all purposes as the equivalent of an affidavit, and if it
    43  contains a material false statement, shall subject the person signing it
    44  to the same penalties as if he or she has been duly sworn. The  form  of
    45  such statement shall be substantially as follows:
    46    I, (insert name of witness), state that I am a duly qualified voter of
    47  the  state  of New York. Each of the persons that have signed this peti-
    48  tion sheet containing (insert number) signatures have signed their names
    49  in my presence on the dates indicated above and identified themselves to
    50  be the same person who signed the sheet. I understand that  this  state-
    51  ment  will  be accepted for all purposes as the equivalent of an affida-
    52  vit, and if it contains a materially false statement, shall  subject  me
    53  to the penalties of perjury.
    54  _________________  _________________________________
    55       Date                     Signature of Witness)

        A. 5636                             3
     1    (In  lieu of the signed statement of a witness who is a duly qualified
     2  voter of the state of New York, the  following  statement  signed  by  a
     3  notary public or a commissioner of deeds shall be accepted:
     4    On  the  date  indicated  above  before me personally came each of the
     5  electors and legal voters whose signatures appear on this petition sheet
     6  containing (insert number) signatures, who signed  the  petition  in  my
     7  presence  and  who, being by me duly sworn, each for himself or herself,
     8  identified himself or herself as the one and same person who signed  the
     9  petition and that the foregoing information they provided was true.
    10  _________________            _________________________________
    11       Date                     Notary Public or Commissioner of Deeds)
    12    §  4.  Subdivision  1  of section 758 of the general municipal law, as
    13  added by chapter 74 of the laws of 2009, is amended to read as follows:
    14    1. A referendum required by sections seven hundred fifty-five or seven
    15  hundred fifty-seven of this title shall be placed before the electors of
    16  each of the local government entities to be consolidated  at  a  special
    17  election  to  be held not less than sixty or more than ninety days after
    18  the enactment of a resolution calling  for  such  referendum,  provided,
    19  however,  that in cases where a town [or village] general election falls
    20  within such period, the question may be considered  during  a  town  [or
    21  village] general election.
    22    §  5.  Paragraph (a) of subdivision 2 and subdivision 5 of section 763
    23  of the general municipal law, as added by chapter  74  of  the  laws  of
    24  2009, are amended to read as follows:
    25    (a)  file an original petition, containing not less than the number of
    26  signatures provided for in subdivision three of this section, seeking  a
    27  referendum  on  the question whether the elector initiated consolidation
    28  plan shall take effect, with the clerk of the town in which  the  entity
    29  or  the greater portion of its territory is located[, except that if the
    30  entity is a village the original petition of electors from  the  village
    31  shall be filed with the clerk of the village]; and
    32    5.  The  referendum  on  the  question  whether  the elector initiated
    33  consolidation plan shall take effect shall be  submitted  at  a  special
    34  election  to  be held not less than sixty or more than ninety days after
    35  enactment of a resolution pursuant to subdivision four of this  section,
    36  provided,  however,  that  in  cases  where  a town [or village] general
    37  election falls within  such  period,  the  referendum  question  may  be
    38  considered during a town [or village] general election.
    39    §  6.  Subdivision  4  of  section 775 of the general municipal law is
    40  REPEALED.
    41    § 7. Section 777 of the general municipal law is REPEALED.
    42    § 8. Section 778 of the general municipal law, as added by chapter  74
    43  of the laws of 2009, is amended to read as follows:
    44    §  778.  Effective date of dissolution plan. A local government entity
    45  dissolved pursuant to a dissolution plan shall continue to  be  governed
    46  as before dissolution until the effective date of the dissolution speci-
    47  fied  in  the  dissolution plan[; provided, however, that no dissolution
    48  plan for a village shall take effect unless approved by  a  majority  of
    49  electors  of  the  village  at  a referendum called through a resolution
    50  enacted pursuant to section seven hundred seventy-seven of this title].
    51    § 9. Subdivisions 1 and 3 of section 779 of the general municipal law,
    52  as added by chapter 74 of the laws of  2009,  are  amended  to  read  as
    53  follows:
    54    1.  The  electors  of a local government entity may commence a dissol-
    55  ution proceeding by filing an original  petition,  containing  not  less
    56  than  the  number  of signatures provided for in subdivision two of this

        A. 5636                             4
     1  section and in the form  provided  for  in  subdivision  three  of  this
     2  section,  with  the clerk of the town in which the entity or the greater
     3  portion of its territory is located[, except that if  the  entity  is  a
     4  village  the  original  petition  of  electors from the village shall be
     5  filed with the clerk of the village]. Accompanying  the  filed  petition
     6  shall be a cover sheet containing the name, address and telephone number
     7  of an individual who signed the petition and who will serve as a contact
     8  person.
     9    3. The petition shall substantially comply with, and be circulated in,
    10  the following form:
    11                  PETITION FOR LOCAL GOVERNMENT DISSOLUTION
    12    We,  the  undersigned,  electors  and  legal voters of (insert type of
    13  local government entity -- e.g., town[, village] or district) of (insert
    14  name of local government entity), New York, qualified  to  vote  at  the
    15  next  general  or  special election, respectfully petition that there be
    16  submitted to the electors of (insert type and name of  local  government
    17  entity  proposed  to be dissolved), for their approval or rejection at a
    18  referendum held for that purpose, a proposal to dissolve  and  terminate
    19  (insert type and name of local government entity).
    20    In  witness  whereof,  we have signed our names on the dates indicated
    21  next to our signatures.
    22       Date        Name - print name under signature         Home Address
    23    1. ________      _________________________________         ____________
    24    2. ________      _________________________________         ____________
    25    3. ________      _________________________________         ____________
    26    (On the bottom of each page of the petition, after all of the numbered
    27  signatures, insert a signed statement of a witness who is a duly  quali-
    28  fied  elector  of  the  state  of  New  York.  Such a statement shall be
    29  accepted for all purposes as the equivalent of an affidavit, and  if  it
    30  contains a material false statement, shall subject the person signing it
    31  to  the  same penalties as if he or she has been duly sworn. The form of
    32  such statement shall be substantially as follows:
    33    I, (insert name of witness), state that I am a duly qualified voter of
    34  the state of New York. Each of the persons that have signed  this  peti-
    35  tion  sheet  containing  (insert  number)  signatures, have signed their
    36  names in my presence on the dates indicated above and  identified  them-
    37  selves  to  be  the  same person who signed the sheet. I understand that
    38  this statement will be accepted for all purposes as the equivalent of an
    39  affidavit, and if  it  contains  a  materially  false  statement,  shall
    40  subject me to the penalties of perjury.
    41  _________________  _________________________________
    42       Date               Signature of Witness)
    43    (In  lieu of the signed statement of a witness who is a duly qualified
    44  voter of the state of New York, the  following  statement  signed  by  a
    45  notary public or a commissioner of deeds shall be accepted:
    46    On  the  date  indicated  above  before me personally came each of the
    47  electors and legal voters whose signatures appear on this petition sheet
    48  containing (insert number) signatures, who signed  the  petition  in  my
    49  presence  and  who, being by me duly sworn, each for himself or herself,
    50  identified himself or herself as the one and same person who signed  the
    51  petition and that the foregoing information they provided was true.
    52  _____________________       _________________________________
    53       Date                Notary Public or Commissioner of Deeds)
    54    §  10.  Subdivision  7  of section 779 of the general municipal law is
    55  REPEALED.

        A. 5636                             5
     1    § 11. Subdivision 4 of section 783 of the  general  municipal  law  is
     2  REPEALED.
     3    §  12. Paragraph (a) of subdivision 2 and subdivision 5 of section 785
     4  of the general municipal law, as added by chapter  74  of  the  laws  of
     5  2009, are amended to read as follows:
     6    (a)  file an original petition, containing not less than the number of
     7  signatures provided for in subdivision three of this section, seeking  a
     8  referendum  on  the  question  whether the elector initiated dissolution
     9  plan shall take effect, with the clerk of the town in which  the  entity
    10  or  the greater portion of its territory is located[, except that if the
    11  entity is a village the original petition of electors from  the  village
    12  shall be filed with the clerk of the village]; and
    13    5.  The  referendum  on  the  question  whether  the elector initiated
    14  dissolution plan shall take effect  shall  be  submitted  at  a  special
    15  election  to  be held not less than sixty or more than ninety days after
    16  enactment of a resolution pursuant to subdivision four of this  section,
    17  provided,  however,  that  in  cases  where  a town [or village] general
    18  election falls within  such  period,  the  referendum  question  may  be
    19  considered during a town [or village] general election.
    20    § 13. Section 789 of the general municipal law is REPEALED.
    21    § 14.  Subdivisions 1 and 2 of section 174 of the town law, as amended
    22  by chapter 74 of the laws of 2009, are amended to read as follows:
    23    1.  (a) Whenever a fire district shall be established, within ten days
    24  thereafter the town board of the town in which such district is  located
    25  or,  in the case of a district including territory in two or more towns,
    26  the town boards of such towns acting jointly by a majority vote  of  the
    27  members  of  each  of such town boards, shall appoint five fire district
    28  commissioners and a treasurer for such district  who  shall  hold  their
    29  respective  offices until the thirty-first day of December next succeed-
    30  ing; provided, however, that if such district be established  subsequent
    31  to  the  first  day of October in any year, the officers so appointed by
    32  the town board shall hold office until the thirty-first day of  December
    33  of  the  next  succeeding  calendar  year. A person so appointed as fire
    34  district commissioner shall not serve as chief or assistant chief of the
    35  fire district fire department after taking his oath of  office  as  such
    36  commissioner and during the time he serves as such commissioner pursuant
    37  to  such  appointment.  The  town  clerk  shall  immediately  notify the
    38  appointees of their appointment and of the time and place which he shall
    39  fix for the organization meeting of the  board  of  fire  commissioners,
    40  which  meeting  shall be held not later than ten days after the appoint-
    41  ment of said officers. At such organization meeting, the treasurer shall
    42  preside until such time as a chairman of the board of fire commissioners
    43  shall be chosen, but such treasurer shall not be entitled to a  vote  at
    44  such  meeting. The board of fire commissioners shall appoint a secretary
    45  who shall hold office until the thirty-first day of  December  following
    46  the first election of fire district officers.
    47    (b)  Whenever two or more fire districts shall have been consolidated,
    48  pursuant to this article, the several  commissioners  of  each  of  such
    49  districts  shall  constitute the board of fire commissioners thereof and
    50  the several treasurers of such districts  shall  serve  jointly  as  the
    51  treasurers  of such consolidated district, until the thirty-first day of
    52  December next succeeding the first election of fire district commission-
    53  ers and a treasurer for such consolidated  district,  held  pursuant  to
    54  subdivision  two  of  this  section.  The  terms  of office of such fire
    55  district officers of the several districts so consolidated shall  termi-
    56  nate on said thirty-first day of December next succeeding such election.

        A. 5636                             6
     1    2.  The  first election of fire district officers shall be held on the
     2  second Tuesday in December next succeeding the establishment or  consol-
     3  idation  of such fire district; provided, however, that if such district
     4  be established or consolidated at a time subsequent to the first day  of
     5  October  in any year, the first election of fire district officers shall
     6  be held on the second Tuesday in the  month  of  December  of  the  next
     7  succeeding  calendar year. At the first annual election of fire district
     8  officers, five district commissioners shall be elected and a  treasurer.
     9  The person receiving the greatest number of votes for the office of fire
    10  commissioner  shall  be  elected  for  a  term of five years; the person
    11  receiving the second highest number of votes shall be elected for a term
    12  of four years; the person receiving the third highest  number  of  votes
    13  shall  be  elected  for  a term of three years; the person receiving the
    14  fourth highest number of votes shall be elected for a term of two  years
    15  and  the  person  receiving  the  fifth highest number of votes shall be
    16  elected for a term of one year. In the  event  that  two  persons  shall
    17  receive the same number of votes the terms of office shall be decided by
    18  lot. At each subsequent election of fire district officers a commission-
    19  er  shall  be elected for the full term of five years. In the event that
    20  two or more persons receive the same number of votes thereat, a  special
    21  election between the tying parties receiving the highest number of votes
    22  to  fill  the  vacancy  shall  be held within forty-five days after such
    23  election. The fire district treasurer shall be elected  for  a  term  of
    24  three  years. The fire district secretary shall be appointed by the fire
    25  district commissioners and shall serve for a period  of  one  year.  The
    26  fire  district  secretary  in  office  at the time such election is held
    27  shall immediately notify the officers elected of their election and that
    28  an organization meeting will be  held  on  the  day  specified  in  said
    29  notice,  which shall not be later than the fifteenth day of January next
    30  ensuing. At such organization meeting, the treasurer shall preside until
    31  such time as a chairman of the board  of  fire  commissioners  shall  be
    32  chosen, but such treasurer shall not be entitled to a vote at such meet-
    33  ing.
    34    §  15.  Subdivision  1  of  section 176 of the town law, as amended by
    35  chapter 74 of the laws of 2009, is amended to read as follows:
    36    1. Shall elect one of their members as chairman at the  first  meeting
    37  of fire commissioners after such district shall have been established or
    38  consolidated  and  annually  thereafter  at  the  first  meeting thereof
    39  following each election of fire district officers. Such  chairman,  when
    40  present,  shall preside at the meetings of the board of fire commission-
    41  ers. In the absence of the chairman the other members may designate  one
    42  of their members to act as temporary chairman.
    43    §  16.  Section 189-e of the town law, as amended by chapter 74 of the
    44  laws of 2009, is amended to read as follows:
    45    § 189-e. Management of affairs of joint fire districts. Subject to the
    46  restrictions hereinafter established, the property and affairs of  joint
    47  fire  districts  shall be under the management and control and in charge
    48  of a board of not less than three and not more than seven commissioners,
    49  appointed by the town board of the town or the town boards of the  towns
    50  and  the  board  of trustees of the village or the boards of trustees of
    51  the villages in joint session as hereinafter  provided,  or  elected  as
    52  provided  in  article  eleven  of  this chapter, as may be determined by
    53  resolution adopted at the meeting for the establishment of the  district
    54  in  the  same  manner  as  the  resolution  for the establishment of the
    55  district is adopted[; or as may be determined by a  joint  consolidation
    56  agreement  or  elector  initiated  consolidation plan in accordance with

        A. 5636                             7

     1  article seventeen-A of the general municipal law].  In case it is deter-
     2  mined that the commissioners shall be selected in the manner provided by
     3  article eleven of this chapter, the  appointments  as  provided  for  in
     4  subdivision  one  of  section  one  hundred seventy-four of this chapter
     5  shall be made by the town board, or, if the district includes  territory
     6  in  more than one town, by the town board of all of the towns at a joint
     7  session  held  at  one  location  within  the  district  and  thereafter
     8  elections  shall  be  held as provided in article eleven of this chapter
     9  except that the terms of  the  commissioners  shall  be  as  hereinafter
    10  provided. They shall be residents of such district and in case selection
    11  is  made as provided in article eleven of this chapter there shall be no
    12  other residential requirement, but otherwise if there are an even number
    13  of commissioners not more than half at any time shall  be  residents  of
    14  such village or villages and if there are an odd number, the number that
    15  are  residents  of  such village or villages shall not exceed the number
    16  that are residents of such  town  or  towns  by  more  than  one.  First
    17  appointments  hereunder  shall be made in the following manner: If there
    18  be three commissioners, the term of one shall expire one year, of anoth-
    19  er two years and of the other three years from  the  then  next  ensuing
    20  thirty-first  day  of  December,  and  thereafter one shall be appointed
    21  annually for a term of three years from the date of  the  expiration  of
    22  the term of his predecessor. If there be four commissioners, the term of
    23  one shall expire one year, of another two years, of another three years,
    24  and  of the other four years from the then next ensuing thirty-first day
    25  of December, and thereafter one shall be appointed annually for  a  term
    26  of  four years from the date of the expiration of the term of his prede-
    27  cessor. If there be five commissioners, the term of one shall expire one
    28  year, of another two years, of another  three  years,  of  another  four
    29  years,  and  of  the other five years from the then next ensuing thirty-
    30  first day of December, and thereafter one shall  be  appointed  annually
    31  for  a  term  of five years from the date of the expiration of a term of
    32  his predecessor. If there be six commissioners, the term  of  one  shall
    33  expire one year, of another two years, of another three years, of anoth-
    34  er  four  years, and of the remaining two, five years from the then next
    35  ensuing thirty-first day of December, and thereafter appointments  shall
    36  be  made for a term of five years from the date of the expiration of the
    37  term of each commissioner. If there be seven commissioners, the term  of
    38  one shall expire one year, of another two years, of another three years,
    39  and  of  two  of  the  others four years, and of the remaining two, five
    40  years from the then next ensuing thirty-first day of December, and ther-
    41  eafter appointments shall be made for a term of five years from the date
    42  of the expiration of the  term  of  each  commissioner.  Such  board  of
    43  commissioners  may  employ  necessary labor and assistants, at a compen-
    44  sation approved by such boards  in  joint  session.  Such  commissioners
    45  shall  receive  no  compensation  for their services, but they and their
    46  employees shall be allowed and paid their necessary expenses, payable as
    47  expenses of the district.
    48    § 17. Subdivision 2-a of section 2-254 of the village law, as  amended
    49  by chapter 74 of the laws of 2009, is amended to read as follows:
    50    2-a. If the limits of a village incorporated prior to the first day of
    51  April,  nineteen  hundred sixty-five are coterminous with the limits of,
    52  or wholly include the territory of, a district, the board of trustees of
    53  the village, by local law [or pursuant  to  the  provisions  of  article
    54  seventeen-A  of  the  general  municipal  law],  may  abolish  any  such
    55  district. In addition to any other notice required  in  connection  with
    56  the adoption of such local law generally, thirty days' written notice of

        A. 5636                             8
     1  the  hearing to be held in connection with such local law shall be given
     2  to the governing body of any such district and  to  the  town  clerk.  A
     3  certified  copy  of any such local law shall be served upon or mailed to
     4  such  governing  body  and clerk within five days following the adoption
     5  thereof. Except as otherwise provided in this section,  the  powers  and
     6  duties  of  the governing body of a district so abolished and of all the
     7  officers of the district in connection therewith shall cease and  deter-
     8  mine  upon the effective date of such local law and any board of commis-
     9  sioners, any office of commissioner and any other  office  of  any  such
    10  district shall also cease to exist at such time. No such local law shall
    11  become  effective except on the last day of a fiscal year of the town or
    12  district, as the case may be.
    13    § 18. Paragraph 21-a of section 2.00 of  the  local  finance  law,  as
    14  amended  by  chapter  74  of  the  laws  of  2009, is amended to read as
    15  follows:
    16    21-a. The term "full valuation", when used in relation to real proper-
    17  ty subject to taxation by a fire  district,  shall  mean  the  valuation
    18  which is derived by dividing the assessed valuation of the real property
    19  concerned,  as  shown by the last completed assessment roll for the fire
    20  district, by the town equalization rate established  by  the  authorized
    21  state  officer  or  agency for such roll. Where, in the case of a newly-
    22  created fire district, there is no completed assessment  roll  for  such
    23  fire  district,  full  valuation  shall  be  determined  from  the  last
    24  completed assessment roll upon which the real property  included  within
    25  the  district  was  assessed  for  town purposes prior to such creation.
    26  Where, after the boundaries of a fire district shall have  been  changed
    27  so  that  real  property  subject to taxation for fire district purposes
    28  shall have been thereby added to or subtracted from the area of the fire
    29  district, there is no completed assessment roll for the fire district as
    30  so changed, full valuation shall be determined from the  last  completed
    31  assessment  roll  upon  which  the  real  property  included in the fire
    32  district after such change was assessed prior to such change for town or
    33  fire district purposes, as the case may be. For the purpose of contract-
    34  ing indebtedness or for the purpose of preparing  debt  statements,  the
    35  assessment  rolls referred to in this [subdivision] paragraph shall mean
    36  such assessment rolls as completed, verified and filed by the assessors.
    37  Where two or more fire districts consolidate to form one  fire  district
    38  pursuant to section one hundred seventy-two of the town law, the consol-
    39  idated  fire  district, for the purpose of this [subdivision] paragraph,
    40  shall not be deemed a newly-created fire district, but shall  be  deemed
    41  an  existing  fire  district  and its full valuation shall be determined
    42  accordingly.
    43    § 19. Notwithstanding the provisions  of  article  5  of  the  general
    44  construction  law, the provisions of sections 172, 172-b, 172-d, 185 and
    45  189-c of the town law and sections 18-1806, 18-1808,  18-1810,  18-1812,
    46  18-1814,  18-1816 and 18-1818 and article 19 of the village law shall be
    47  revived and be read as such provisions existed in law on the date  imme-
    48  diately preceding the effective date of chapter 74 of the laws of 2009.
    49    §  20.  This  act shall take effect immediately and shall be deemed to
    50  have been in full force and effect on the same  date  and  in  the  same
    51  manner as chapter 74 of the laws of 2009, as amended, took effect.
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