Bill Text: NY A08984 | 2009-2010 | General Assembly | Amended

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Bill Title: Exempts fire departments from consolidation or dissolution.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-03-10 - print number 8984a [A08984 Detail]

Download: New_York-2009-A08984-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8984--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     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    S  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    S 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.