Bill Text: NY S07366 | 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: (Passed) 2016-08-19 - SIGNED CHAP.276 [S07366 Detail]
Download: New_York-2015-S07366-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7366 IN SENATE April 22, 2016 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14948-01-6S. 7366 2 1 nate when the member can no longer meet the requirements of this subpar- 2 agraph. A person who cannot meet the residence requirements of this 3 subparagraph may be elected to membership as a volunteer member if by 4 reason of his or her residence in the vicinity or his or her usual occu- 5 pation he or she will be available to render active service as a volun- 6 teer firefighter in such inside or outside territory. Voting for such 7 election shall be pursuant to the by-laws. Such election shall not 8 become effective unless approved by resolution of the town board of each 9 town which consented to the formation of the corporation. Such member- 10 ship shall terminate when the member can no longer meet the requirements 11 of this subparagraph. The election or continuance of any person as a 12 member shall be deemed to have been approved by the town board pursuant 13 to this subparagraph in the event that no action is taken by the town 14 board, either approving or disapproving, within forty days in the case 15 of residents of the territory specified in the certificate of incorpo- 16 ration or of outside contract territory, and within seventy days in the 17 case of all others, after service of written notice of such election or 18 continuance of membership shall have been made by the secretary of the 19 corporation upon the town clerk, either personally or by mail. The 20 membership of any volunteer firefighter shall not be continued pursuant 21 to this subparagraph, and persons who do not reside in the territory 22 specified in the certificate of incorporation or in territory protected 23 pursuant to a contract for fire protection shall not be elected to 24 membership, if, by so doing, the percentage of such nonresident members 25 in the fire corporation would exceed forty-five per centum of the actual 26 membership thereof, provided, however, that the forty-five percent limit 27 on non-resident members shall not apply to the membership of the Huguen- 28 ot Fire Company, Inc., within the town of Deerpark, Orange county, to 29 the membership of the Prospect Terrace Fire Company, Inc., within the 30 town of Dickinson, Broome county, to membership of the Hopewell Volun- 31 teer Fire Department, Inc., to membership of the Wales Center Volunteer 32 Fire Company, Inc., within the town of Wales, Erie county or to member- 33 ship of the fire departments within the town of Fleming, Cayuga county. 34 Nonresidents of the territory specified in the certificate of incorpo- 35 ration whose volunteer membership has been authorized or continued 36 pursuant to this subparagraph may be elected or appointed to any office 37 in the fire corporation and shall have all the powers, duties, immuni- 38 ties, and privileges of resident volunteer members except a non-resident 39 of this state whose membership has been continued pursuant to this 40 subparagraph, or who was elected to membership pursuant to this subpara- 41 graph, shall not be considered to be performing any firefighting duty, 42 or to be engaged in any firefighting activity, as a member of the fire 43 company while he or she is outside of this state unless and until he or 44 she has first reported to the officer or firefighter in command of his 45 or her fire department, or any company, squad or other unit thereof, 46 engaged or to be engaged in rendering service outside this state, or has 47 received orders or authorization from an officer of the fire department 48 or fire company to participate in or attend authorized activities 49 outside of this state in the same manner as resident members of the fire 50 company. A person shall not be eligible to volunteer membership in any 51 other fire corporation or fire company at one time. The provisions of 52 this subparagraph shall not be deemed to authorize the election or the 53 continuance of any person as a member of the corporation if such 54 election or continuance of membership shall be contrary to the by-laws, 55 rules or regulations of the fire corporation. 56 § 2. This act shall take effect immediately.
