Bill Text: NY A09827 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to exempting Prospect Terrace Fire Company, Inc. from the requirement that a percentage of non-resident fire department members not exceed 45% of the membership.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-15 - substituted by s7366 [A09827 Detail]
Download: New_York-2015-A09827-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9827 IN ASSEMBLY April 12, 2016 ___________ Introduced by M. of A. CROUCH -- read once and referred to the Committee on Local Governments AN ACT to amend the not-for-profit corporation law, in relation to exempting Prospect Terrace Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 3 of paragraph (c) of section 1402 of the 2 not-for-profit corporation law, as amended by chapter 149 of the laws of 3 2014, is amended to read as follows: 4 (3) In towns outside of villages and fire districts, the consent of a 5 majority of the members of the town board to the formation of a fire 6 corporation shall constitute an appointment of the persons named in the 7 certificate of incorporation as town firefighters. Thereafter, other 8 eligible persons may be elected as members pursuant to the by-laws of 9 the fire corporation, but the election of a member must be approved by 10 the town board of each town which consented to the formation of the fire 11 corporation. Such a person shall be a resident of the territory speci- 12 fied in the certificate of incorporation or of territory outside such 13 boundaries which is afforded fire protection by the fire corporation 14 pursuant to a contract for fire protection under which a cash consider- 15 ation is received by the corporation or for which negotiations for 16 renewal of such a contract are pending. The membership of any volunteer 17 member shall terminate when he or she ceases to be a resident of such 18 inside or outside territory, except that the corporation may authorize 19 his or her continued membership where he or she notifies the secretary 20 of the fire corporation (a) that he or she plans to change his or her 21 residence to a territory which is not in such inside or outside territo- 22 ry, and (b) that by reason of his or her residence in the vicinity or 23 his or her usual occupation he or she will be available to render active 24 service as a volunteer firefighter in either such inside or such outside 25 territory. Voting for such authorization shall be pursuant to the 26 by-laws. Such authorization shall not become effective unless approved 27 by resolution of the town board of each town which consented to the 28 formation of the corporation. Any membership so continued shall termi- 29 nate when the member can no longer meet the requirements of this subpar- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14948-01-6