Bill Text: NY S04518 | 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 (Republican 1-0)

Status: (Introduced) 2019-05-30 - SUBSTITUTED BY A6869 [S04518 Detail]

Download: New_York-2019-S04518-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4518
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 14, 2019
                                       ___________
        Introduced by Sen. ANTONACCI -- 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  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10769-01-9

        S. 4518                             2
     1  his or her usual occupation he or she will be available to render active
     2  service as a volunteer firefighter in either such inside or such outside
     3  territory.  Voting  for  such  authorization  shall  be  pursuant to the
     4  by-laws.  Such  authorization shall not become effective unless approved
     5  by resolution of the town board of each  town  which  consented  to  the
     6  formation  of  the corporation. Any membership so continued shall termi-
     7  nate when the member can no longer meet the requirements of this subpar-
     8  agraph. A person who cannot meet  the  residence  requirements  of  this
     9  subparagraph  may  be  elected to membership as a volunteer member if by
    10  reason of his or her residence in the vicinity or his or her usual occu-
    11  pation he or she will be available to render active service as a  volun-
    12  teer  firefighter  in  such inside or outside territory. Voting for such
    13  election shall be pursuant to  the  by-laws.  Such  election  shall  not
    14  become effective unless approved by resolution of the town board of each
    15  town  which  consented to the formation of the corporation. Such member-
    16  ship shall terminate when the member can no longer meet the requirements
    17  of this subparagraph. The election or continuance of  any  person  as  a
    18  member  shall be deemed to have been approved by the town board pursuant
    19  to this subparagraph in the event that no action is taken  by  the  town
    20  board,  either  approving or disapproving, within forty days in the case
    21  of residents of the territory specified in the certificate  of  incorpo-
    22  ration  or of outside contract territory, and within seventy days in the
    23  case of all others, after service of written notice of such election  or
    24  continuance  of  membership shall have been made by the secretary of the
    25  corporation upon the town clerk,  either  personally  or  by  mail.  The
    26  membership  of any volunteer firefighter shall not be continued pursuant
    27  to this subparagraph, and persons who do not  reside  in  the  territory
    28  specified  in the certificate of incorporation or in territory protected
    29  pursuant to a contract for fire  protection  shall  not  be  elected  to
    30  membership,  if, by so doing, the percentage of such nonresident members
    31  in the fire corporation would exceed forty-five per centum of the actual
    32  membership thereof, provided, however, that the forty-five percent limit
    33  on non-resident members shall not apply to the membership of the Huguen-
    34  ot Fire Company, Inc., within the town of Deerpark,  Orange  county,  to
    35  the  membership  of  the Prospect Terrace Fire Company, Inc., within the
    36  town of Dickinson, Broome county, to membership of the  Hopewell  Volun-
    37  teer  Fire Department, Inc., to membership of the Wales Center Volunteer
    38  Fire Company, Inc., within the  town  of  Wales,  Erie  county,  to  the
    39  membership  of  the Nedrow Fire Department, within the town of Onondaga,
    40  Onondaga county, to the membership of the Howlett Hill Fire  Department,
    41  within  the  town of Onondaga, Onondaga county, to the membership of the
    42  Pleasant Square Fire Company, Inc.  within the town of Johnstown, Fulton
    43  county, or to membership of the fire  departments  within  the  town  of
    44  Fleming,  Cayuga  county. Nonresidents of the territory specified in the
    45  certificate of incorporation whose volunteer membership has been author-
    46  ized or continued pursuant  to  this  subparagraph  may  be  elected  or
    47  appointed  to  any office in the fire corporation and shall have all the
    48  powers, duties, immunities, and privileges of resident volunteer members
    49  except a non-resident of this state whose membership has been  continued
    50  pursuant to this subparagraph, or who was elected to membership pursuant
    51  to this subparagraph, shall not be considered to be performing any fire-
    52  fighting  duty,  or  to  be  engaged  in any firefighting activity, as a
    53  member of the fire company while he or she  is  outside  of  this  state
    54  unless  and  until  he or she has first reported to the officer or fire-
    55  fighter in command of his or her fire department, or any company,  squad
    56  or  other  unit  thereof,  engaged or to be engaged in rendering service

        S. 4518                             3
     1  outside this state, or has received  orders  or  authorization  from  an
     2  officer  of  the  fire  department  or fire company to participate in or
     3  attend authorized activities outside of this state in the same manner as
     4  resident  members of the fire company. A person shall not be eligible to
     5  volunteer membership in any other fire corporation or  fire  company  at
     6  one  time.  The  provisions  of this subparagraph shall not be deemed to
     7  authorize the election or the continuance of any person as a  member  of
     8  the  corporation  if such election or continuance of membership shall be
     9  contrary to the by-laws, rules or regulations of the fire corporation.
    10    § 2. This act shall take effect immediately.
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