A3998-2011 Actions

• Jan 4, 2012: referred to local governments
• Feb 1, 2011: referred to local governments

A3998-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3998
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 1, 2011
 
 Introduced  by  M.  of  A.  GABRYSZAK, HAWLEY, GIGLIO, GUNTHER, LUPARDO,
 SCHIMMINGER, CALHOUN, MAYERSOHN, CASTRO, JAFFEE, M. MILLER  --  Multi
 Sponsored  by  --  M. of A. BURLING, CONTE, CROUCH, DenDEKKER, DUPREY,
 FINCH, P. LOPEZ, MAGEE, McKEVITT,  RAIA,  SALADINO,  TEDISCO,  THIELE,
 WEISENBERG -- read once and referred to the Committee on Local Govern
 ments
 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:

 

Section 1. Subdivision 13 of section 750 of the general municipal law,
 as  added  by  chapter  74  of  the  laws of 2009, is amended to read as
 follows:

 13. "Local government entity" or "entity" shall mean a town,  village,
 district,  special  improvement  district or other improvement district,
 including, but not limited to, special  districts  created  pursuant  to
 [articles eleven,] ARTICLE twelve, twelve-A or thirteen of the town law,
 library  districts, and other districts created by law; provided, howev
 er, that a local government entity shall not include  school  districts,
 city  districts,  FIRE DISTRICTS or special purpose districts created by
 counties under county law.
 

S 2.  Subdivision 1 of section 174 of the  town  law,  as  amended  by
 chapter 74 of the laws of 2009, is amended to read as follows:

 1.  (A) Whenever a fire district shall be established, within ten days
 thereafter  the town board of the town in which such district is located
 or, in the case of a district including territory in two or more  towns,
 the  town  boards of such towns acting jointly by a majority vote of the
 members of each of such town boards, shall appoint  five  fire  district
 commissioners  and  a  treasurer  for such district who shall hold their
 respective offices until the thirty-first day of December next  succeed
 ing;  provided, however, that if such district be established subsequent
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07713-01-1
 
       A. 3998                             2
 to the first day of October in any year, the officers  so  appointed  by
 the  town board shall hold office until the thirty-first day of December
 of the next succeeding calendar year. A  person  so  appointed  as  fire
 district commissioner shall not serve as chief or assistant chief of the
 fire  district  fire  department after taking his oath of office as such
 commissioner and during the time he serves as such commissioner pursuant
 to such  appointment.  The  town  clerk  shall  immediately  notify  the
 appointees of their appointment and of the time and place which he shall
 fix  for  the  organization  meeting of the board of fire commissioners,
 which meeting shall be held not later than ten days after  the  appoint
 ment of said officers. At such organization meeting, the treasurer shall
 preside until such time as a chairman of the board of fire commissioners
 shall  be  chosen, but such treasurer shall not be entitled to a vote at
 such meeting. The board of fire commissioners shall appoint a  secretary
 who  shall  hold office until the thirty-first day of December following
 the first election of fire district officers.
 (B) WHENEVER TWO OR MORE FIRE DISTRICTS SHALL HAVE  BEEN  CONSOLIDATED
 PURSUANT  TO  THIS  ARTICLE,  THE  SEVERAL COMMISSIONERS OF EACH OF SUCH
 DISTRICTS SHALL CONSTITUTE THE BOARD OF FIRE COMMISSIONERS  THEREOF  AND
 THE  SEVERAL  TREASURERS  OF  SUCH  DISTRICTS SHALL SERVE JOINTLY AS THE
 TREASURERS OF SUCH CONSOLIDATED DISTRICT, UNTIL THE THIRTY-FIRST DAY  OF
 DECEMBER NEXT SUCCEEDING THE FIRST ELECTION OF FIRE DISTRICT COMMISSION
 ERS  AND  A  TREASURER  FOR SUCH CONSOLIDATED DISTRICT, HELD PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.  THE  TERMS  OF  OFFICE  OF  SUCH  FIRE
 DISTRICT  OFFICERS OF THE SEVERAL DISTRICTS SO CONSOLIDATED SHALL TERMI
 NATE ON SAID THIRTY-FIRST DAY OF DECEMBER NEXT SUCCEEDING SUCH ELECTION.
 

S 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after June 24, 2009.

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