Bill Text: NY A09827 | 2015-2016 | General Assembly | Introduced

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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

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                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