S08249 Summary:

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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S08249 Actions:

05/15/20181ST REPORT CAL.1200
05/16/20182ND REPORT CAL.
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
12/28/2018SIGNED CHAP.500
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S08249 Committee Votes:

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S08249 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 142/0
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
BarrettYDe La RosaYHevesiYMill B YRaYTitoneY
BarronYDenDekkerYHikindERMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRose L YWeinsteinY
ByrneYFinchYLalorYOrtizYSimonYMr SpkrY

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S08249 Text:

                STATE OF NEW YORK
            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.

        S. 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 to

        S. 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.
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