Exempts Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.
STATE OF NEW YORK
________________________________________________________________________
8629--A
IN ASSEMBLY
January 28, 2014
___________
Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the not-for-profit corporation law, in relation to
exempting Wales Center Volunteer Fire Company, 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 505 of the laws of
3 2013, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13672-02-4
A. 8629--A 2
1 territory. Voting for such authorization shall be pursuant to the
2 by-laws. Such authorization shall not become effective unless approved
3 by resolution of the town board of each town which consented to the
4 formation of the corporation. Any membership so continued shall termi-
5 nate when the member can no longer meet the requirements of this subpar-
6 agraph. A person who cannot meet the residence requirements of this
7 subparagraph may be elected to membership as a volunteer member if by
8 reason of his or her residence in the vicinity or his or her usual occu-
9 pation he or she will be available to render active service as a volun-
10 teer firefighter in such inside or outside territory. Voting for such
11 election shall be pursuant to the by-laws. Such election shall not
12 become effective unless approved by resolution of the town board of each
13 town which consented to the formation of the corporation. Such member-
14 ship shall terminate when the member can no longer meet the requirements
15 of this subparagraph. The election or continuance of any person as a
16 member shall be deemed to have been approved by the town board pursuant
17 to this subparagraph in the event that no action is taken by the town
18 board, either approving or disapproving, within forty days in the case
19 of residents of the territory specified in the certificate of incorpo-
20 ration or of outside contract territory, and within seventy days in the
21 case of all others, after service of written notice of such election or
22 continuance of membership shall have been made by the secretary of the
23 corporation upon the town clerk, either personally or by mail. The
24 membership of any volunteer firefighter shall not be continued pursuant
25 to this subparagraph, and persons who do not reside in the territory
26 specified in the certificate of incorporation or in territory protected
27 pursuant to a contract for fire protection shall not be elected to
28 membership, if, by so doing, the percentage of such nonresident members
29 in the fire corporation would exceed forty-five per centum of the actual
30 membership thereof, provided, however, that the forty-five percent limit
31 on non-resident members shall not apply to the membership of the Huguen-
32 ot Fire Company, Inc., within the town of Deerpark, Orange county, to
33 membership of the Hopewell Volunteer Fire Department, Inc., to member-
34 ship of the Wales Center Volunteer Fire Company, Inc., within the town
35 of Wales, Erie county or to membership of the fire departments within
36 the town of Fleming, Cayuga county. Nonresidents of the territory speci-
37 fied in the certificate of incorporation whose volunteer membership has
38 been authorized or continued pursuant to this subparagraph may be
39 elected or appointed to any office in the fire corporation and shall
40 have all the powers, duties, immunities, and privileges of resident
41 volunteer members except a non-resident of this state whose membership
42 has been continued pursuant to this subparagraph, or who was elected to
43 membership pursuant to this subparagraph, shall not be considered to be
44 performing any firefighting duty, or to be engaged in any firefighting
45 activity, as a member of the fire company while he or she is outside of
46 this state unless and until he or she has first reported to the officer
47 or firefighter in command of his or her fire department, or any company,
48 squad or other unit thereof, engaged or to be engaged in rendering
49 service outside this state, or has received orders or authorization from
50 an officer of the fire department or fire company to participate in or
51 attend authorized activities outside of this state in the same manner as
52 resident members of the fire company. A person shall not be eligible to
53 volunteer membership in any other fire corporation or fire company at
54 one time. The provisions of this subparagraph shall not be deemed to
55 authorize the election or the continuance of any person as a member of
A. 8629--A 3
1 the corporation if such election or continuance of membership shall be
2 contrary to the by-laws, rules or regulations of the fire corporation.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.
