Outline of New York State & the NYS Assembly Seal

New York State Assembly

Speaker Carl E. Heastie
 

A10918 Summary:

BILL NOA10918
 
SAME ASSAME AS S08249-A
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Amd §1402, N-PC L
 
Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.
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A10918 Actions:

BILL NOA10918
 
05/29/2018referred to local governments
06/07/2018reported referred to rules
06/19/2018reported
06/19/2018rules report cal.379
06/19/2018ordered to third reading rules cal.379
06/20/2018substituted by s8249a
 S08249 AMEND=A DEFRANCISCO
 04/23/2018REFERRED TO LOCAL GOVERNMENT
 05/15/20181ST REPORT CAL.1200
 05/16/20182ND REPORT CAL.
 05/22/2018ADVANCED TO THIRD READING
 05/30/2018AMENDED ON THIRD READING (T) 8249A
 06/11/2018PASSED SENATE
 06/11/2018DELIVERED TO ASSEMBLY
 06/11/2018referred to local governments
 06/20/2018substituted for a10918
 06/20/2018ordered to third reading rules cal.379
 06/20/2018passed assembly
 06/20/2018returned to senate
 12/18/2018DELIVERED TO GOVERNOR
 12/28/2018SIGNED CHAP.500
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A10918 Committee Votes:

LOCAL GOVERNMENTS   Chair:Magnarelli      
DATE:06/07/2018AYE/NAY:18/0  Action: Favorable refer to committee Rules        
MagnarelliAyeFriendAye
GanttExcusedStecAye
MageeAyeBrabenecAye
RamosAyeMillerAye
JenneAyeTagueAye
BronsonAye
RyanAye
BuchwaldAye
OtisAye
SkoufisAye
Jean-PierreAye
WoernerAye
WallaceAye
ThieleAye

RULES   Chair:Heastie      
DATE:06/19/2018AYE/NAY:30/0  Action: Favorable         
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A10918 Floor Votes:

There are no votes for this bill in this legislative session.
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A10918 Text:




 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10918
 
                   IN ASSEMBLY
 
                                      May 29, 2018
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Local Governments
 
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          exempting  Nedrow  Fire  Department  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 276 of the laws of
     3  2016, 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.
                                                                   LBD15548-03-8

        A. 10918                            2
 
     1  agraph.  A  person  who  cannot  meet the residence requirements of this
     2  subparagraph may be elected to membership as a volunteer  member  if  by
     3  reason of his or her residence in the vicinity or his or her usual occu-
     4  pation  he or she will be available to render active service as a volun-
     5  teer firefighter in such inside or outside territory.  Voting  for  such
     6  election  shall  be  pursuant  to  the  by-laws. Such election shall not
     7  become effective unless approved by resolution of the town board of each
     8  town which consented to the formation of the corporation.  Such  member-
     9  ship shall terminate when the member can no longer meet the requirements
    10  of  this  subparagraph.  The  election or continuance of any person as a
    11  member shall be deemed to have been approved by the town board  pursuant
    12  to  this  subparagraph  in the event that no action is taken by the town
    13  board, either approving or disapproving, within forty days in  the  case
    14  of  residents  of the territory specified in the certificate of incorpo-
    15  ration or of outside contract territory, and within seventy days in  the
    16  case  of all others, after service of written notice of such election or
    17  continuance of membership shall have been made by the secretary  of  the
    18  corporation  upon  the  town  clerk,  either  personally or by mail. The
    19  membership of any volunteer firefighter shall not be continued  pursuant
    20  to  this  subparagraph,  and  persons who do not reside in the territory
    21  specified in the certificate of incorporation or in territory  protected
    22  pursuant  to  a  contract  for  fire  protection shall not be elected to
    23  membership, if, by so doing, the percentage of such nonresident  members
    24  in the fire corporation would exceed forty-five per centum of the actual
    25  membership thereof, provided, however, that the forty-five percent limit
    26  on non-resident members shall not apply to the membership of the Huguen-
    27  ot  Fire  Company,  Inc., within the town of Deerpark, Orange county, to
    28  the membership of the Prospect Terrace Fire Company,  Inc.,  within  the
    29  town  of  Dickinson, Broome county, to membership of the Hopewell Volun-
    30  teer Fire Department, Inc., to membership of the Wales Center  Volunteer
    31  Fire  Company,  Inc.,  within  the  town  of  Wales, Erie county, to the
    32  membership of the Nedrow Fire Department, within the town  of  Onondaga,
    33  Onondaga  county,  or  to  membership of the fire departments within the
    34  town of Fleming, Cayuga county.  Nonresidents of the territory specified
    35  in the certificate of incorporation whose volunteer membership has  been
    36  authorized  or continued pursuant to this subparagraph may be elected or
    37  appointed to any office in the fire corporation and shall have  all  the
    38  powers, duties, immunities, and privileges of resident volunteer members
    39  except  a non-resident of this state whose membership has been continued
    40  pursuant to this subparagraph, or who was elected to membership pursuant
    41  to this subparagraph, shall not be considered to be performing any fire-
    42  fighting duty, or to be engaged  in  any  firefighting  activity,  as  a
    43  member  of  the  fire  company  while he or she is outside of this state
    44  unless and until he or she has first reported to the  officer  or  fire-
    45  fighter  in command of his or her fire department, or any company, squad
    46  or other unit thereof, engaged or to be  engaged  in  rendering  service
    47  outside  this  state,  or  has  received orders or authorization from an
    48  officer of the fire department or fire  company  to  participate  in  or
    49  attend authorized activities outside of this state in the same manner as
    50  resident  members of the fire company. A person shall not be eligible to
    51  volunteer membership in any other fire corporation or  fire  company  at
    52  one  time.  The  provisions  of this subparagraph shall not be deemed to
    53  authorize the election or the continuance of any person as a  member  of
    54  the  corporation  if such election or continuance of membership shall be
    55  contrary to the by-laws, rules or regulations of the fire corporation.
    56    § 2. This act shall take effect immediately.
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