Bill Text: NY A11516 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates an exemption to the residency requirement for firefighters in the town of Deer Park.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-30 - signed chap.276 [A11516 Detail]
Download: New_York-2009-A11516-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11516
I N A S S E M B L Y
June 21, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
read once and referred to the Committee on Local Governments
AN ACT to amend the not-for-profit corporation law, in relation to an
exemption to the residency requirement for firefighters of the
Huguenot Fire Co., Inc.
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 351 of the laws of
3 2000, 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 [firemen] FIREFIGHTERS. Thereaft-
8 er, other eligible persons may be elected as members pursuant to the
9 by-laws of the fire corporation, but the election of a member must be
10 approved by the town board of each town which consented to the formation
11 of the fire corporation. Such a person shall be a resident of the terri-
12 tory specified in the certificate of incorporation or of territory
13 outside such boundaries which is afforded fire protection by the fire
14 corporation pursuant to a contract for fire protection under which a
15 cash consideration is received by the corporation or for which negoti-
16 ations for renewal of such a contract are pending. The membership of any
17 volunteer member shall terminate when he OR SHE ceases to be a resident
18 of such inside or outside territory, except that the corporation may
19 authorize his OR HER continued membership where he OR SHE notifies the
20 secretary of the fire corporation (a) that he OR SHE plans to change his
21 OR HER residence to a territory which is not in such inside or outside
22 territory, and (b) that by reason of his OR HER residence in the vicini-
23 ty or his OR HER usual occupation he OR SHE will be available to render
24 active service as a volunteer [fireman] FIREFIGHTER in either such
25 inside or such outside territory. Voting for such authorization shall be
26 pursuant to the by-laws. Such authorization shall not become effective
27 unless approved by resolution of the town board of each town which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17707-03-0
A. 11516 2
1 consented to the formation of the corporation. Any membership so contin-
2 ued shall terminate when the member can no longer meet the requirements
3 of this subparagraph. A person who cannot meet the residence require-
4 ments of this subparagraph may be elected to membership as a volunteer
5 member if by reason of his OR HER residence in the vicinity or his OR
6 HER usual occupation he OR SHE will be available to render active
7 service as a volunteer [fireman] FIREFIGHTER in such inside or outside
8 territory. Voting for such election shall be pursuant to the by-laws.
9 Such election shall not become effective unless approved by resolution
10 of the town board of each town which consented to the formation of the
11 corporation. Such membership shall terminate when the member can no
12 longer meet the requirements of this subparagraph. The election or
13 continuance of any person as a member shall be deemed to have been
14 approved by the town board pursuant to this subparagraph in the event
15 that no action is taken by the town board, either approving or disap-
16 proving, within forty days in the case of residents of the territory
17 specified in the certificate of incorporation or of outside contract
18 territory, and within seventy days in the case of all others, after
19 service of written notice of such election or continuance of membership
20 shall have been made by the secretary of the corporation upon the town
21 clerk, either personally or by mail. The membership of any volunteer
22 [fireman] FIREFIGHTER shall not be continued pursuant to this subpara-
23 graph, and persons who do not reside in the territory specified in the
24 certificate of incorporation or in territory protected pursuant to a
25 contract for fire protection shall not be elected to membership, if, by
26 so doing, the percentage of such nonresident members in the fire corpo-
27 ration would exceed forty-five per centum of the actual membership ther-
28 eof, PROVIDED, HOWEVER, THAT THE FORTY-FIVE PERCENT LIMIT ON NON-RESI-
29 DENT MEMBERS SHALL NOT APPLY TO THE MEMBERSHIP OF THE HUGUENOT FIRE
30 COMPANY, INC., WITHIN THE TOWN OF DEERPARK, ORANGE COUNTY. Nonresidents
31 of the territory specified in the certificate of incorporation whose
32 volunteer membership has been authorized or continued pursuant to this
33 subparagraph may be elected or appointed to any office in the fire
34 corporation and shall have all the powers, duties, immunities, and priv-
35 ileges of resident volunteer members except a non-resident of this state
36 whose membership has been continued pursuant to this subparagraph, or
37 who was elected to membership pursuant to this subparagraph, shall not
38 be considered to be performing any [firemanic] FIREFIGHTING duty, or to
39 be engaged in any [firemanic] FIREFIGHTING activity, as a member of the
40 fire company while he OR SHE is outside of this state unless and until
41 he OR SHE has first reported to the officer or [fireman] FIREFIGHTER in
42 command of his OR HER fire department, or any company, squad or other
43 unit thereof, engaged or to be engaged in rendering service outside this
44 state, or has received orders or authorization from an officer of the
45 fire department or fire company to participate in or attend authorized
46 activities outside of this state in the same manner as resident members
47 of the fire company. A person shall not be eligible to volunteer member-
48 ship in any other fire corporation or fire company at one time. The
49 provisions of this subparagraph shall not be deemed to authorize the
50 election or the continuance of any person as a member of the corporation
51 if such election or continuance of membership shall be contrary to the
52 by-laws, rules or regulations of the fire corporation.
53 S 2. This act shall take effect immediately.
