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S01068 Summary:

S01068 Actions:

S01068 Committee Votes:

S01068 Floor Votes:

S01068 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1068
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2023
                                       ___________
 
        Introduced  by Sen. BORRELLO -- 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 the East Dunkirk  Volunteer  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 separately amended by  chapters  308,
     3  312 and 327 of the laws of 2022, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04003-01-3
        S. 1068                             2
 
     1  his or her usual occupation he or she will be available to render active
     2  service as a volunteer firefighter in either such inside or such outside
     3  territory. Voting for  such  authorization  shall  be  pursuant  to  the
     4  by-laws.  Such  authorization shall not become effective unless approved
     5  by resolution of the town board of each  town  which  consented  to  the
     6  formation  of  the corporation. Any membership so continued shall termi-
     7  nate when the member can no longer meet the requirements of this subpar-
     8  agraph. A person who cannot meet  the  residence  requirements  of  this
     9  subparagraph  may  be  elected to membership as a volunteer member if by
    10  reason of his or her residence in the vicinity or his or her usual occu-
    11  pation he or she will be available to render active service as a  volun-
    12  teer  firefighter  in  such inside or outside territory. Voting for such
    13  election shall be pursuant to  the  by-laws.  Such  election  shall  not
    14  become effective unless approved by resolution of the town board of each
    15  town  which  consented to the formation of the corporation. Such member-
    16  ship shall terminate when the member can no longer meet the requirements
    17  of this subparagraph. The election or continuance of  any  person  as  a
    18  member  shall be deemed to have been approved by the town board pursuant
    19  to this subparagraph in the event that no action is taken  by  the  town
    20  board,  either  approving or disapproving, within forty days in the case
    21  of residents of the territory specified in the certificate  of  incorpo-
    22  ration  or of outside contract territory, and within seventy days in the
    23  case of all others, after service of written notice of such election  or
    24  continuance  of  membership shall have been made by the secretary of the
    25  corporation upon the town clerk,  either  personally  or  by  mail.  The
    26  membership  of any volunteer firefighter shall not be continued pursuant
    27  to this subparagraph, and persons who do not  reside  in  the  territory
    28  specified  in the certificate of incorporation or in territory protected
    29  pursuant to a contract for fire  protection  shall  not  be  elected  to
    30  membership,  if, by so doing, the percentage of such nonresident members
    31  in the fire corporation would exceed forty-five per centum of the actual
    32  membership thereof, provided, however, that the forty-five percent limit
    33  on non-resident members shall not apply to the membership of the Huguen-
    34  ot Fire Company, Inc., within the town of Deerpark,  Orange  county,  to
    35  the  membership  of  the Prospect Terrace Fire Company, Inc., within the
    36  town of Dickinson, Broome county, to membership of the  Hopewell  Volun-
    37  teer  Fire Department, Inc., to membership of the Wales Center Volunteer
    38  Fire Company, Inc., within the  town  of  Wales,  Erie  county,  to  the
    39  membership  of  the Nedrow Fire Department, within the town of Onondaga,
    40  Onondaga county, to the membership of the Howlett Hill Fire  Department,
    41  within  the  town of Onondaga, Onondaga county, to the membership of the
    42  East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
    43  ty, to the membership of the Camillus Volunteer Fire  Department,  Inc.,
    44  within  the  town of Camillus, Onondaga county, to the membership of the
    45  Pleasant Square Fire Company, Inc. within the town of Johnstown,  Fulton
    46  county,  to  the  membership  of the East Amherst Fire Department, Inc.,
    47  within the town of Amherst, Erie  county,  to  membership  of  the  fire
    48  departments  within  the town of Fleming, Cayuga county [or], to member-
    49  ship of the Bushnell's Basin Fire Department, in the town  of  Perinton,
    50  Monroe  county,  to  the  membership  of the East Dunkirk Volunteer Fire
    51  Company, Inc.   within the town of  Dunkirk,  Chautauqua  county  or  to
    52  membership  of  the Salina Consolidated Fire District #2, in the town of
    53  Salina, Onondaga county.  Nonresidents of the territory specified in the
    54  certificate of incorporation whose volunteer membership has been author-
    55  ized or continued pursuant  to  this  subparagraph  may  be  elected  or
    56  appointed  to  any office in the fire corporation and shall have all the
        S. 1068                             3
 
     1  powers, duties, immunities, and privileges of resident volunteer members
     2  except a non-resident of this state whose membership has been  continued
     3  pursuant to this subparagraph, or who was elected to membership pursuant
     4  to this subparagraph, shall not be considered to be performing any fire-
     5  fighting  duty,  or  to  be  engaged  in any firefighting activity, as a
     6  member of the fire company while he or she  is  outside  of  this  state
     7  unless  and  until  he or she has first reported to the officer or fire-
     8  fighter in command of his or her fire department, or any company,  squad
     9  or  other  unit  thereof,  engaged or to be engaged in rendering service
    10  outside this state, or has received  orders  or  authorization  from  an
    11  officer  of  the  fire  department  or fire company to participate in or
    12  attend authorized activities outside of this state in the same manner as
    13  resident members of the fire company. A person shall not be eligible  to
    14  volunteer  membership  in  any other fire corporation or fire company at
    15  one time. The provisions of this subparagraph shall  not  be  deemed  to
    16  authorize  the  election or the continuance of any person as a member of
    17  the corporation if such election or continuance of membership  shall  be
    18  contrary to the by-laws, rules or regulations of the fire corporation.
    19    § 2. This act shall take effect immediately.