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S04603 Summary:

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S04603 Floor Votes:

S04603 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4603
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     April 15, 2013
                                       ___________
 
        Introduced  by Sen. NOZZOLIO -- 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 Hopewell Volunteer Fire Department, Inc. from  the  require-

          ment  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 472 of the laws of
     3  2011, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09239-01-3
        S. 4603                             2
 
     1  by-laws. Such authorization shall not become effective  unless  approved
     2  by  resolution  of  the  town  board of each town which consented to the
     3  formation of the corporation. Any membership so continued  shall  termi-
     4  nate when the member can no longer meet the requirements of this subpar-

     5  agraph.  A  person  who  cannot  meet the residence requirements of this
     6  subparagraph may be elected to membership as a volunteer  member  if  by
     7  reason of his or her residence in the vicinity or his or her usual occu-
     8  pation  he or she will be available to render active service as a volun-
     9  teer firefighter in such inside or outside territory.  Voting  for  such
    10  election  shall  be  pursuant  to  the  by-laws. Such election shall not
    11  become effective unless approved by resolution of the town board of each
    12  town which consented to the formation of the corporation.  Such  member-
    13  ship shall terminate when the member can no longer meet the requirements
    14  of  this  subparagraph.  The  election or continuance of any person as a
    15  member shall be deemed to have been approved by the town board  pursuant
    16  to  this  subparagraph  in the event that no action is taken by the town

    17  board, either approving or disapproving, within forty days in  the  case
    18  of  residents  of the territory specified in the certificate of incorpo-
    19  ration or of outside contract territory, and within seventy days in  the
    20  case  of all others, after service of written notice of such election or
    21  continuance of membership shall have been made by the secretary  of  the
    22  corporation  upon  the  town  clerk,  either  personally or by mail. The
    23  membership of any volunteer firefighter shall not be continued  pursuant
    24  to  this  subparagraph,  and  persons who do not reside in the territory
    25  specified in the certificate of incorporation or in territory  protected
    26  pursuant  to  a  contract  for  fire  protection shall not be elected to
    27  membership, if, by so doing, the percentage of such nonresident  members
    28  in the fire corporation would exceed forty-five per centum of the actual

    29  membership thereof, provided, however, that the forty-five percent limit
    30  on non-resident members shall not apply to the membership of the Huguen-
    31  ot  Fire  Company,  Inc., within the town of Deerpark, Orange county, to
    32  membership of the Hopewell Volunteer Fire Department, Inc. 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.