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S05164 Summary:

S05164 Actions:

S05164 Committee Votes:

S05164 Floor Votes:

S05164 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5164
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 23, 2023
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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 Crittenden Volunteer Fire Department,  Inc.  from    the
          forty-five percent limit on non-resident members
 
          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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09818-01-3
        S. 5164                             2
 
     1  service as a volunteer firefighter in either such inside or such outside
     2  territory.  Voting  for  such  authorization  shall  be  pursuant to the
     3  by-laws. Such authorization shall not become effective  unless  approved
     4  by  resolution  of  the  town  board of each town which consented to the
     5  formation of the corporation. Any membership so continued  shall  termi-
     6  nate when the member can no longer meet the requirements of this subpar-
     7  agraph.  A  person  who  cannot  meet the residence requirements of this
     8  subparagraph may be elected to membership as a volunteer  member  if  by
     9  reason of his or her residence in the vicinity or his or her usual occu-
    10  pation  he or she will be available to render active service as a volun-
    11  teer firefighter in such inside or outside territory.  Voting  for  such
    12  election  shall  be  pursuant  to  the  by-laws. Such election shall not
    13  become effective unless approved by resolution of the town board of each
    14  town which consented to the formation of the corporation.  Such  member-
    15  ship shall terminate when the member can no longer meet the requirements
    16  of  this  subparagraph.  The  election or continuance of any person as a
    17  member shall be deemed to have been approved by the town board  pursuant
    18  to  this  subparagraph  in the event that no action is taken by the town
    19  board, either approving or disapproving, within forty days in  the  case
    20  of  residents  of the territory specified in the certificate of incorpo-
    21  ration or of outside contract territory, and within seventy days in  the
    22  case  of all others, after service of written notice of such election or
    23  continuance of membership shall have been made by the secretary  of  the
    24  corporation  upon  the  town  clerk,  either  personally or by mail. The
    25  membership of any volunteer firefighter shall not be continued  pursuant
    26  to  this  subparagraph,  and  persons who do not reside in the territory
    27  specified in the certificate of incorporation or in territory  protected
    28  pursuant  to  a  contract  for  fire  protection shall not be elected to
    29  membership, if, by so doing, the percentage of such nonresident  members
    30  in the fire corporation would exceed forty-five per centum of the actual
    31  membership thereof, provided, however, that the forty-five percent limit
    32  on non-resident members shall not apply to the membership of the Huguen-
    33  ot  Fire  Company,  Inc., within the town of Deerpark, Orange county, to
    34  the membership of the Prospect Terrace Fire Company,  Inc.,  within  the
    35  town  of  Dickinson, Broome county, to membership of the Hopewell Volun-
    36  teer Fire Department, Inc., to membership of the Wales Center  Volunteer
    37  Fire  Company,  Inc.,  within  the  town  of  Wales, Erie county, to the
    38  membership of the Nedrow Fire Department, within the town  of  Onondaga,
    39  Onondaga  county, to the membership of the Howlett Hill Fire Department,
    40  within the town of Onondaga, Onondaga county, to the membership  of  the
    41  East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
    42  ty,  to  the membership of the Camillus Volunteer Fire Department, Inc.,
    43  within the town of Camillus, Onondaga county, to the membership  of  the
    44  Pleasant  Square Fire Company, Inc. within the town of Johnstown, Fulton
    45  county, to the membership of the East  Amherst  Fire  Department,  Inc.,
    46  within  the town of Amherst, Erie county, to the membership of the Crit-
    47  tenden Volunteer Fire Department, Inc., within the town of  Alden,  Erie
    48  county,  to  membership of the fire departments within the town of Flem-
    49  ing, Cayuga county or to membership of the Bushnell's Basin Fire Depart-
    50  ment, in the town of Perinton, Monroe county or  to  membership  of  the
    51  Salina  Consolidated  Fire  District #2, in the town of Salina, Onondaga
    52  county.  Nonresidents of the territory specified in the  certificate  of
    53  incorporation  whose volunteer membership has been authorized or contin-
    54  ued pursuant to this subparagraph may be elected  or  appointed  to  any
    55  office  in  the  fire corporation and shall have all the powers, duties,
    56  immunities, and privileges of resident volunteer members except  a  non-
        S. 5164                             3
 
     1  resident  of  this state whose membership has been continued pursuant to
     2  this subparagraph, or who was elected to  membership  pursuant  to  this
     3  subparagraph,  shall not be considered to be performing any firefighting
     4  duty,  or to be engaged in any firefighting activity, as a member of the
     5  fire company while he or she is outside of this state unless  and  until
     6  he or she has first reported to the officer or firefighter in command of
     7  his or her fire department, or any company, squad or other unit thereof,
     8  engaged or to be engaged in rendering service outside this state, or has
     9  received  orders or authorization from an officer of the fire department
    10  or fire company  to  participate  in  or  attend  authorized  activities
    11  outside of this state in the same manner as resident members of the fire
    12  company.  A  person shall not be eligible to volunteer membership in any
    13  other fire corporation or fire company at one time.  The  provisions  of
    14  this  subparagraph  shall not be deemed to authorize the election or the
    15  continuance of any person  as  a  member  of  the  corporation  if  such
    16  election  or continuance of membership shall be contrary to the by-laws,
    17  rules or regulations of the fire corporation.
    18    § 2. This act shall take effect immediately.