Bill Text: NY S09030 | 2021-2022 | General Assembly | Introduced
Bill Title: Exempts the Bushnell's Basin Fire Department, in the town of Perinton, county of Monroe from the forty-five percent limit on non-resident members.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-23 - SUBSTITUTED BY A10204 [S09030 Detail]
Download: New_York-2021-S09030-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9030 IN SENATE May 4, 2022 ___________ Introduced by Sen. BROUK -- 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 the Bushnell's Basin Fire Department from the forty-five percent limit on non-resident members 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 379 of the laws 3 of 2021, 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 24 service as a volunteer firefighter in either such inside or such outside 25 territory. Voting for such authorization shall be pursuant to the 26 by-laws. Such authorization shall not become effective unless approved EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15652-01-2S. 9030 2 1 by resolution of the town board of each town which consented to the 2 formation of the corporation. Any membership so continued shall termi- 3 nate when the member can no longer meet the requirements of this subpar- 4 agraph. A person who cannot meet the residence requirements of this 5 subparagraph may be elected to membership as a volunteer member if by 6 reason of his or her residence in the vicinity or his or her usual occu- 7 pation he or she will be available to render active service as a volun- 8 teer firefighter in such inside or outside territory. Voting for such 9 election shall be pursuant to the by-laws. Such election shall not 10 become effective unless approved by resolution of the town board of each 11 town which consented to the formation of the corporation. Such member- 12 ship shall terminate when the member can no longer meet the requirements 13 of this subparagraph. The election or continuance of any person as a 14 member shall be deemed to have been approved by the town board pursuant 15 to this subparagraph in the event that no action is taken by the town 16 board, either approving or disapproving, within forty days in the case 17 of residents of the territory specified in the certificate of incorpo- 18 ration or of outside contract territory, and within seventy days in the 19 case of all others, after service of written notice of such election or 20 continuance of membership shall have been made by the secretary of the 21 corporation upon the town clerk, either personally or by mail. The 22 membership of any volunteer firefighter shall not be continued pursuant 23 to this subparagraph, and persons who do not reside in the territory 24 specified in the certificate of incorporation or in territory protected 25 pursuant to a contract for fire protection shall not be elected to 26 membership, if, by so doing, the percentage of such nonresident members 27 in the fire corporation would exceed forty-five per centum of the actual 28 membership thereof, provided, however, that the forty-five percent limit 29 on non-resident members shall not apply to the membership of the Huguen- 30 ot Fire Company, Inc., within the town of Deerpark, Orange county, to 31 the membership of the Prospect Terrace Fire Company, Inc., within the 32 town of Dickinson, Broome county, to membership of the Hopewell Volun- 33 teer Fire Department, Inc., to membership of the Wales Center Volunteer 34 Fire Company, Inc., within the town of Wales, Erie county, to the 35 membership of the Nedrow Fire Department, within the town of Onondaga, 36 Onondaga county, to the membership of the Howlett Hill Fire Department, 37 within the town of Onondaga, Onondaga county, to the membership of the 38 East Syracuse Fire Department, within the town of Dewitt, Onondaga coun- 39 ty, to the membership of the Pleasant Square Fire Company, Inc. within 40 the town of Johnstown, Fulton county, to the membership of the East 41 Amherst Fire Department, Inc., within the town of Amherst, Erie county, 42 [or] to membership of the fire departments within the town of Fleming, 43 Cayuga county or to membership of the Bushnell's Basin Fire Department, 44 in the town of Perinton, Monroe county. Nonresidents of the territory 45 specified in the certificate of incorporation whose volunteer membership 46 has been authorized or continued pursuant to this subparagraph may be 47 elected or appointed to any office in the fire corporation and shall 48 have all the powers, duties, immunities, and privileges of resident 49 volunteer members except a non-resident of this state whose membership 50 has been continued pursuant to this subparagraph, or who was elected to 51 membership pursuant to this subparagraph, shall not be considered to be 52 performing any firefighting duty, or to be engaged in any firefighting 53 activity, as a member of the fire company while he or she is outside of 54 this state unless and until he or she has first reported to the officer 55 or firefighter in command of his or her fire department, or any company, 56 squad or other unit thereof, engaged or to be engaged in renderingS. 9030 3 1 service outside this state, or has received orders or authorization from 2 an 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.
