S T A T E   O F   N E W   Y O R K
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                                  6313

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2011
                               ___________

Introduced  by M. of A. FINCH -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the not-for-profit corporation law, in  relation  to  an
  exemption  to  the  residency requirement for firefighters of the fire
  departments in the town of Fleming in Cayuga County

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  3  of  paragraph (c) of section 1402 of the
not-for-profit corporation law, as amended by chapter 276 of the laws of
2010, is amended to read as follows:
  (3) In towns outside of villages and fire districts, the consent of  a
majority  of  the  members  of the town board to the formation of a fire
corporation shall constitute an appointment of the persons named in  the
certificate  of  incorporation  as  town firefighters. Thereafter, other
eligible persons may be elected as members pursuant to  the  by-laws  of
the  fire  corporation, but the election of a member must be approved by
the town board of each town which consented to the formation of the fire
corporation. Such a person shall be a resident of the  territory  speci-
fied  in  the  certificate of incorporation or of territory outside such
boundaries which is afforded fire protection  by  the  fire  corporation
pursuant  to a contract for fire protection under which a cash consider-
ation is received by the  corporation  or  for  which  negotiations  for
renewal  of such a contract are pending. The membership of any volunteer
member shall terminate when he or she ceases to be a  resident  of  such
inside  or  outside territory, except that the corporation may authorize
his or her continued membership where he or she notifies  the  secretary
of  the  fire  corporation (a) that he or she plans to change his or her
residence to a territory which is not in such inside or outside territo-
ry, and (b) that by reason of his or her residence in  the  vicinity  or
his or her usual occupation he or she will be available to render active
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.
                                                           LBD09910-01-1
              

A. 6313                             2

territory.  Voting  for  such  authorization  shall  be  pursuant to the
by-laws. Such authorization shall not become effective  unless  approved
by  resolution  of  the  town  board of each town which consented to the
formation  of  the corporation. Any membership so continued shall termi-
nate when the member can no longer meet the requirements of this subpar-
agraph. A person who cannot meet  the  residence  requirements  of  this
subparagraph  may  be  elected to membership as a volunteer member if by
reason of his or her residence in the vicinity or his or her usual occu-
pation he or she will be available to render active service as a  volun-
teer  firefighter  in  such inside or outside territory. Voting for such
election shall be pursuant to  the  by-laws.  Such  election  shall  not
become effective unless approved by resolution of the town board of each
town  which  consented to the formation of the corporation. Such member-
ship shall terminate when the member can no longer meet the requirements
of this subparagraph. The election or continuance of  any  person  as  a
member  shall be deemed to have been approved by the town board pursuant
to this subparagraph in the event that no action is taken  by  the  town
board,  either  approving or disapproving, within forty days in the case
of residents of the territory specified in the certificate  of  incorpo-
ration  or of outside contract territory, and within seventy days in the
case of all others, after service of written notice of such election  or
continuance  of  membership shall have been made by the secretary of the
corporation upon the town clerk,  either  personally  or  by  mail.  The
membership  of any volunteer firefighter shall not be continued pursuant
to this subparagraph, and persons who do not  reside  in  the  territory
specified  in the certificate of incorporation or in territory protected
pursuant to a contract for fire  protection  shall  not  be  elected  to
membership,  if, by so doing, the percentage of such nonresident members
in the fire corporation would exceed forty-five per centum of the actual
membership thereof, provided, however, that the forty-five percent limit
on non-resident members shall not apply to the membership of the Huguen-
ot Fire Company, Inc., within the town of Deerpark, Orange county OR  TO
MEMBERSHIP  OF  THE  FIRE DEPARTMENTS WITHIN THE TOWN OF FLEMING, CAYUGA
COUNTY.  Nonresidents of the territory specified in the  certificate  of
incorporation  whose volunteer membership has been authorized or contin-
ued pursuant to this subparagraph may be elected  or  appointed  to  any
office  in  the  fire corporation and shall have all the powers, duties,
immunities, and privileges of resident volunteer members except  a  non-
resident  of  this state whose membership has been continued pursuant to
this subparagraph, or who was elected to  membership  pursuant  to  this
subparagraph,  shall not be considered to be performing any firefighting
duty, or to be engaged in any firefighting activity, as a member of  the
fire  company  while he or she is outside of this state unless and until
he or she has first reported to the officer or firefighter in command of
his or her fire department, or any company, squad or other unit thereof,
engaged or to be engaged in rendering service outside this state, or has
received orders or authorization from an officer of the fire  department
or  fire  company  to  participate  in  or  attend authorized activities
outside of this state in the same manner as resident members of the fire
company. A person shall not be eligible to volunteer membership  in  any
other  fire  corporation  or fire company at one time. The provisions of
this subparagraph shall not be deemed to authorize the election  or  the
continuance  of  any  person  as  a  member  of  the corporation if such
election or continuance of membership shall be contrary to the  by-laws,
rules or regulations of the fire corporation.
  S 2. This act shall take effect immediately.