- Summary
- Actions
- Committee Votes
- Floor Votes
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S08249 Summary:
BILL NO | S08249A |
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SAME AS | SAME AS A10918 |
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SPONSOR | DEFRANCISCO |
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COSPNSR | |
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MLTSPNSR | |
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Amd §1402, N-PC L | |
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Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership. |
S08249 Actions:
BILL NO | S08249A | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/23/2018 | REFERRED TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
05/15/2018 | 1ST REPORT CAL.1200 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2018 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2018 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | AMENDED ON THIRD READING (T) 8249A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | referred to local governments | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | substituted for a10918 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | ordered to third reading rules cal.379 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/18/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2018 | SIGNED CHAP.500 |
S08249 Committee Votes:
Go to topS08249 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
ER
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
S08249 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8249--A Cal. No. 1200 IN SENATE April 23, 2018 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15548-02-8S. 8249--A 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, or to membership of the fire departments within the 40 town of Fleming, Cayuga county. Nonresidents of the territory specified 41 in the certificate of incorporation whose volunteer membership has been 42 authorized or continued pursuant to this subparagraph may be elected or 43 appointed to any office in the fire corporation and shall have all the 44 powers, duties, immunities, and privileges of resident volunteer members 45 except a non-resident of this state whose membership has been continued 46 pursuant to this subparagraph, or who was elected to membership pursuant 47 to this subparagraph, shall not be considered to be performing any fire- 48 fighting duty, or to be engaged in any firefighting activity, as a 49 member of the fire company while he or she is outside of this state 50 unless and until he or she has first reported to the officer or fire- 51 fighter in command of his or her fire department, or any company, squad 52 or other unit thereof, engaged or to be engaged in rendering service 53 outside this state, or has received orders or authorization from an 54 officer of the fire department or fire company to participate in or 55 attend authorized activities outside of this state in the same manner as 56 resident members of the fire company. A person shall not be eligible toS. 8249--A 3 1 volunteer membership in any other fire corporation or fire company at 2 one time. The provisions of this subparagraph shall not be deemed to 3 authorize the election or the continuance of any person as a member of 4 the corporation if such election or continuance of membership shall be 5 contrary to the by-laws, rules or regulations of the fire corporation. 6 § 2. This act shall take effect immediately.