Bill Text: NY A06869 | 2019-2020 | General Assembly | Introduced


Bill Title: Exempts Howlett Hill Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-05-30 - RETURNED TO ASSEMBLY [A06869 Detail]

Download: New_York-2019-A06869-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6869
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 22, 2019
                                       ___________
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Local Governments
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          exempting Howlett Hill 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 separately amended  by  chapters  500
     3  and 513 of the laws of 2018, 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.
                                                                   LBD10769-01-9

        A. 6869                             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  Pleasant Square Fire Company, Inc.  within the town of Johnstown, Fulton
    42  county,  or  to  membership  of  the fire departments within the town of
    43  Fleming, Cayuga county. Nonresidents of the territory specified  in  the
    44  certificate of incorporation whose volunteer membership has been author-
    45  ized  or  continued  pursuant  to  this  subparagraph  may be elected or
    46  appointed to any office in the fire corporation and shall have  all  the
    47  powers, duties, immunities, and privileges of resident volunteer members
    48  except  a non-resident of this state whose membership has been continued
    49  pursuant to this subparagraph, or who was elected to membership pursuant
    50  to this subparagraph, shall not be considered to be performing any fire-
    51  fighting duty, or to be engaged  in  any  firefighting  activity,  as  a
    52  member  of  the  fire  company  while he or she is outside of this state
    53  unless and until he or she has first reported to the  officer  or  fire-
    54  fighter  in command of his or her fire department, or any company, squad
    55  or other unit thereof, engaged or to be  engaged  in  rendering  service
    56  outside  this  state,  or  has  received orders or authorization from an

        A. 6869                             3
     1  officer of the fire department or fire  company  to  participate  in  or
     2  attend authorized activities outside of this state in the same manner as
     3  resident  members of the fire company. A person shall not be eligible to
     4  volunteer  membership  in  any other fire corporation or fire company at
     5  one time. The provisions of this subparagraph shall  not  be  deemed  to
     6  authorize  the  election or the continuance of any person as a member of
     7  the corporation if such election or continuance of membership  shall  be
     8  contrary to the by-laws, rules or regulations of the fire corporation.
     9    § 2. This act shall take effect immediately.
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