Bill Text: NY S08012 | 2009-2010 | General Assembly | Introduced

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Bill Title: Exempts fire departments from consolidation or dissolution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-28 - REFERRED TO LOCAL GOVERNMENT [S08012 Detail]

Download: New_York-2009-S08012-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8012
                                   I N  S E N A T E
                                     May 28, 2010
                                      ___________
       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    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
   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    S 3. This act shall take effect immediately.