Assembly Bill A8629A

Signed By Governor
2013-2014 Legislative Session

Exempts Wales Center Volunteer 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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Archive: Last Bill Status Via S6368 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A8629 - Details

See Senate Version of this Bill:
S6368
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2013-A8629 - Summary

Exempts Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

2013-A8629 - Bill Text download pdf

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

                                  8629

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  exempting Wales Center Volunteer Fire Company, Inc. from the  require-
  ment  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:

  Section  1.  Subparagraph  3  of  paragraph (c) of section 1402 of the
not-for-profit corporation law, as amended by chapter 505 of the laws of
2013, 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
territory.  Voting  for  such  authorization  shall  be  pursuant to the
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.
              

2013-A8629A (ACTIVE) - Details

See Senate Version of this Bill:
S6368
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2013-A8629A (ACTIVE) - Summary

Exempts Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

2013-A8629A (ACTIVE) - Bill Text download pdf

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

                                 8629--A

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee   on   Corporations,  Authorities  and  Commissions  --  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  Wales Center Volunteer Fire Company, Inc. from the require-
  ment 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:

  Section 1. Subparagraph 3 of paragraph (c)  of  section  1402  of  the
not-for-profit corporation law, as amended by chapter 505 of the laws of
2013, 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.
              

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