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S08979 Summary:

BILL NOS08979A
 
SAME ASSAME AS A11156-A
 
SPONSORTEDISCO
 
COSPNSR
 
MLTSPNSR
 
Amd 1402, N-PC L
 
Exempts the Pleasant Square Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.
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S08979 Actions:

BILL NOS08979A
 
06/11/2018REFERRED TO RULES
06/14/2018AMEND (T) AND RECOMMIT TO RULES
06/14/2018PRINT NUMBER 8979A
06/18/2018ORDERED TO THIRD READING CAL.1899
06/18/2018PASSED SENATE
06/18/2018DELIVERED TO ASSEMBLY
06/18/2018referred to local governments
06/20/2018substituted for a11156a
06/20/2018ordered to third reading rules cal.397
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018SIGNED CHAP.513
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S08979 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8979--A
 
                    IN SENATE
 
                                      June 11, 2018
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          exempting Pleasant Square Fire Company, Inc.    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
    24  service as a volunteer firefighter in either such inside or such outside
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16253-09-8

        S. 8979--A                          2
 
     1  territory. Voting for  such  authorization  shall  be  pursuant  to  the
     2  by-laws.  Such  authorization shall not become effective unless approved
     3  by resolution of the town board of each  town  which  consented  to  the
     4  formation  of  the corporation. Any membership so continued shall termi-
     5  nate when the member can no longer meet the requirements of this subpar-
     6  agraph. A person who cannot meet  the  residence  requirements  of  this
     7  subparagraph  may  be  elected to membership as a volunteer member if by
     8  reason of his or her residence in the vicinity or his or her usual occu-
     9  pation he or she will be available to render active service as a  volun-
    10  teer  firefighter  in  such inside or outside territory. Voting for such
    11  election shall be pursuant to  the  by-laws.  Such  election  shall  not
    12  become effective unless approved by resolution of the town board of each
    13  town  which  consented to the formation of the corporation. Such member-
    14  ship shall terminate when the member can no longer meet the requirements
    15  of this subparagraph. The election or continuance of  any  person  as  a
    16  member  shall be deemed to have been approved by the town board pursuant
    17  to this subparagraph in the event that no action is taken  by  the  town
    18  board,  either  approving or disapproving, within forty days in the case
    19  of residents of the territory specified in the certificate  of  incorpo-
    20  ration  or of outside contract territory, and within seventy days in the
    21  case of all others, after service of written notice of such election  or
    22  continuance  of  membership shall have been made by the secretary of the
    23  corporation upon the town clerk,  either  personally  or  by  mail.  The
    24  membership  of any volunteer firefighter shall not be continued pursuant
    25  to this subparagraph, and persons who do not  reside  in  the  territory
    26  specified  in the certificate of incorporation or in territory protected
    27  pursuant to a contract for fire  protection  shall  not  be  elected  to
    28  membership,  if, by so doing, the percentage of such nonresident members
    29  in the fire corporation would exceed forty-five per centum of the actual
    30  membership thereof, provided, however, that the forty-five percent limit
    31  on non-resident members shall not apply to the membership of the Huguen-
    32  ot Fire Company, Inc., within the town of Deerpark,  Orange  county,  to
    33  the  membership  of  the Prospect Terrace Fire Company, Inc., within the
    34  town of Dickinson, Broome county, to membership of the  Hopewell  Volun-
    35  teer  Fire Department, Inc., to membership of the Wales Center Volunteer
    36  Fire Company, Inc., within the  town  of  Wales,  Erie  county,  to  the
    37  membership of the Pleasant Square Fire Company, Inc.  within the town of
    38  Johnstown, Fulton county, or to membership of the fire departments with-
    39  in  the  town  of Fleming, Cayuga county.  Nonresidents of the territory
    40  specified in the certificate of incorporation whose volunteer membership
    41  has been authorized or continued pursuant to this  subparagraph  may  be
    42  elected  or  appointed  to  any office in the fire corporation and shall
    43  have all the powers, duties,  immunities,  and  privileges  of  resident
    44  volunteer  members  except a non-resident of this state whose membership
    45  has been continued pursuant to this subparagraph, or who was elected  to
    46  membership  pursuant to this subparagraph, shall not be considered to be
    47  performing any firefighting duty, or to be engaged in  any  firefighting
    48  activity,  as a member of the fire company while he or she is outside of
    49  this state unless and until he or she has first reported to the  officer
    50  or firefighter in command of his or her fire department, or any company,
    51  squad  or  other  unit  thereof,  engaged  or to be engaged in rendering
    52  service outside this state, or has received orders or authorization from
    53  an officer of the fire department or fire company to participate  in  or
    54  attend authorized activities outside of this state in the same manner as
    55  resident  members of the fire company. A person shall not be eligible to
    56  volunteer membership in any other fire corporation or  fire  company  at

        S. 8979--A                          3
 
     1  one  time.  The  provisions  of this subparagraph shall not be deemed to
     2  authorize the election or the continuance of any person as a  member  of
     3  the  corporation  if such election or continuance of membership shall be
     4  contrary to the by-laws, rules or regulations of the fire corporation.
     5    § 2. This act shall take effect immediately.
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