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A11516 Summary:

A11516 Actions:

A11516 Floor Votes:

A11516 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11516
 
                   IN ASSEMBLY
 
                                      June 21, 2010
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and referred to the Committee on Local Governments
 
        AN ACT to amend the not-for-profit corporation law, in  relation  to  an
          exemption  to  the  residency  requirement  for  firefighters  of  the
          Huguenot Fire Co., Inc.
 
          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 351 of the laws of
     3  2000, 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 [firemen] firefighters.  Thereaft-
     8  er, other eligible persons may be elected as  members  pursuant  to  the
     9  by-laws  of  the  fire corporation, but the election of a member must be
    10  approved by the town board of each town which consented to the formation
    11  of the fire corporation. Such a person shall be a resident of the terri-

    12  tory specified in the  certificate  of  incorporation  or  of  territory
    13  outside  such  boundaries  which is afforded fire protection by the fire
    14  corporation pursuant to a contract for fire  protection  under  which  a
    15  cash  consideration  is received by the corporation or for which negoti-
    16  ations for renewal of such a contract are pending. The membership of any
    17  volunteer member shall terminate when he or she ceases to be a  resident
    18  of  such  inside  or  outside territory, except that the corporation may
    19  authorize his or her continued membership where he or she  notifies  the
    20  secretary of the fire corporation (a) that he or she plans to change his
    21  or  her  residence to a territory which is not in such inside or outside
    22  territory, and (b) that by reason of his or her residence in the vicini-

    23  ty or his or her usual occupation he or she will be available to  render
    24  active  service  as  a  volunteer  [fireman]  firefighter in either such
    25  inside or such outside territory. Voting for such authorization shall be
    26  pursuant to the by-laws. Such authorization shall not  become  effective
    27  unless  approved  by  resolution  of  the  town board of each town which
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17707-03-0
        A. 11516                            2
 
     1  consented to the formation of the corporation. Any membership so contin-
     2  ued shall terminate when the member can no longer meet the  requirements

     3  of  this  subparagraph.  A person who cannot meet the residence require-
     4  ments  of  this subparagraph may be elected to membership as a volunteer
     5  member if by reason of his or her residence in the vicinity  or  his  or
     6  her  usual  occupation  he  or  she  will  be available to render active
     7  service as a volunteer [fireman] firefighter in such inside  or  outside
     8  territory.  Voting  for  such election shall be pursuant to the by-laws.
     9  Such election shall not become effective unless approved  by  resolution
    10  of  the  town board of each town which consented to the formation of the
    11  corporation. Such membership shall terminate  when  the  member  can  no
    12  longer  meet  the  requirements  of  this  subparagraph. The election or
    13  continuance of any person as a member  shall  be  deemed  to  have  been

    14  approved  by  the  town board pursuant to this subparagraph in the event
    15  that no action is taken by the town board, either  approving  or  disap-
    16  proving,  within  forty  days  in the case of residents of the territory
    17  specified in the certificate of incorporation  or  of  outside  contract
    18  territory,  and  within  seventy  days  in the case of all others, after
    19  service of written notice of such election or continuance of  membership
    20  shall  have  been made by the secretary of the corporation upon the town
    21  clerk, either personally or by mail. The  membership  of  any  volunteer
    22  [fireman]  firefighter  shall not be continued pursuant to this subpara-
    23  graph, and persons who do not reside in the territory specified  in  the
    24  certificate  of  incorporation  or  in territory protected pursuant to a
    25  contract for fire protection shall not be elected to membership, if,  by

    26  so  doing, the percentage of such nonresident members in the fire corpo-
    27  ration would exceed forty-five per centum of the actual membership ther-
    28  eof, provided, however, that the forty-five percent limit  on  non-resi-
    29  dent  members  shall  not  apply  to the membership of the Huguenot Fire
    30  Company, Inc., within the town of Deerpark, Orange county.  Nonresidents
    31  of  the  territory  specified  in the certificate of incorporation whose
    32  volunteer membership has been authorized or continued pursuant  to  this
    33  subparagraph  may  be  elected  or  appointed  to any office in the fire
    34  corporation and shall have all the powers, duties, immunities, and priv-
    35  ileges of resident volunteer members except a non-resident of this state
    36  whose membership has been continued pursuant to  this  subparagraph,  or

    37  who  was  elected to membership pursuant to this subparagraph, shall not
    38  be considered to be performing any [firemanic] firefighting duty, or  to
    39  be  engaged in any [firemanic] firefighting activity, as a member of the
    40  fire company while he or she is outside of this state unless  and  until
    41  he  or she has first reported to the officer or [fireman] firefighter in
    42  command of his or her fire department, or any company,  squad  or  other
    43  unit thereof, engaged or to be engaged in rendering service outside this
    44  state,  or  has  received orders or authorization from an officer of the
    45  fire department or fire company to participate in or  attend  authorized
    46  activities  outside of this state in the same manner as resident members

    47  of the fire company. A person shall not be eligible to volunteer member-
    48  ship in any other fire corporation or fire company at  one  time.    The
    49  provisions  of  this  subparagraph  shall not be deemed to authorize the
    50  election or the continuance of any person as a member of the corporation
    51  if such election or continuance of membership shall be contrary  to  the
    52  by-laws, rules or regulations of the fire corporation.
    53    § 2. This act shall take effect immediately.