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S03739 Summary:

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S03739 Floor Votes:

S03739 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3739--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      March 2, 2011
                                       ___________
 
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government -- recom-
          mitted to the Committee on Local Government in accordance with  Senate
          Rule  6,  sec.  8  --  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 joint
          purchases by fire corporations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (e) of section 1402 of the not-for-profit corpo-
     2  ration law, subparagraph 1 as amended by chapter 719 of the laws of 1985
     3  and  subparagraph  5  as  added  by  chapter 307 of the laws of 1980, is
     4  amended to read as follows:
     5    (e) Powers.
     6    (1)  A fire, hose, protective or hook and ladder  corporation  hereto-
     7  fore  incorporated under any general law or a fire corporation hereafter
     8  incorporated under this section shall be under the control of the  city,
     9  village,  fire district or town authorities having, by law, control over
    10  the prevention or extinguishment of fires therein. Such authorities  may

    11  adopt  rules  and  regulations  for  the  government and control of such
    12  corporations. Notwithstanding the provisions of any such  local  law,  a
    13  person who has been convicted of arson in any degree shall not be eligi-
    14  ble  for nomination, election or appointment to any office of the corpo-
    15  ration, nor may such person serve as director of the corporation.    Any
    16  fire  corporation  officer  or director who is convicted of arson in any
    17  degree during his term of office shall be disqualified  from  completing
    18  such term of office.
    19    (2) Where a fire corporation formed outside of a city, village or fire
    20  district  furnishes  fire protection to territory outside of the bounda-
    21  ries specified in its certificate of incorporation, the fire corporation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD06708-03-2
        S. 3739--A                          2
 
     1  and the members thereof shall be under the exclusive control of the town
     2  board of the town in which the fire corporation maintains its apparatus.
     3    (3)  The  emergency  relief  squad  of a fire corporation incorporated
     4  under this section or subject to the provisions thereof shall have power
     5  to furnish general ambulance service  when  duly  authorized  under  the
     6  provisions of section two hundred nine-b of the general municipal law.
     7    (4) Any fire company incorporated under this section or subject to the
     8  provisions thereof shall have power to engage in fund raising activities
     9  pursuant to section two hundred four-a of the general municipal law.

    10    [5.]  (5)  Any fire company incorporated under this section or subject
    11  to the provisions thereof shall have power, subject to the  approval  or
    12  authorization of the town board, to attend a funeral.
    13    (6)  Fire, hose, protective or hook and ladder corporations heretofore
    14  incorporated under any general law or fire corporations hereafter incor-
    15  porated under this section or volunteer fire companies or  fire  depart-
    16  ments  as  defined in section three of the volunteer firefighters' bene-
    17  fits law are hereby authorized to enter into contracts among  themselves
    18  and  among  municipal  corporations  for  the  joint  purchase of goods,
    19  supplies and services. Provided that the provisions of article five-A of

    20  the general municipal law shall be controlling for  any  proposed  joint
    21  purchase  between  such  fire  corporation, company, or department and a
    22  municipal corporation. For the purposes of this  subparagraph  the  term
    23  "municipal  corporation"  shall mean a county, city, town, village, fire
    24  district, or ambulance district.
    25    § 2. This act shall take effect immediately.