Adds a local fire company, the Fort Johnson Fire District in Montgomery County, to the list of companies and districts which are exempt from state limits on non-resident members.
Ayes (22): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Monserrate, Skelos, Padavan, Volker, Farley, LaValle, Seward, Hannon, Larkin, Saland
Nays (1): Parker
Excused (1): Johnson O
BILL NUMBER: S2931
TITLE OF BILL : An act to amend the town law, in relation to certain local fire companies
PURPOSE : To include the Fort Johnson Fire District in Montgomery County among the list of fire districts and fire companies which are exempt from the statutory limits on the percentage of non-resident members, thereby helping enable this volunteer fire company to have a sufficient level of membership to protect the community.
SUMMARY OF PROVISIONS : The bill amends Section 176-b(7) of the Town Law to include the Fort Johnson Fire District among the list of fire districts and fire companies which are exempt from the statutory limits on non-resident members.
EXISTING LAW : Section 176-b(7) of the Town Law generally provides that the percentage of non-resident members of a fire department cannot exceed 45% of the total membership of the department. However, this subdivision has been amended many times in recent years to exempt 23 specific fire districts from the statutory percentage limitation.
JUSTIFICATION : The Fort Johnson Fire District protects a small village and rural area in Montgomery County. This volunteer fire company is facing significant challenges in ensuring sufficient membership. This situation is compounded by the New York State law which imposes a 45% cap on the number of nonresidents that may be members of a fire company. There are several non-residents currently serving in the company, and several other nonresidents who may be interested in serving. The State Legislature has previously exempted 23 other fire districts throughout the State from the statutory limits on the number of nonresidents who may serve in a fire company. This bill would similarly exempt the Fort Johnson Fire District. This legislation will help enable the fire company to retain and recruit a sufficient level of membership.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 2931 A. 6486 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y March 6, 2009 ___________IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. AMEDORE -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to certain local fire compa- nies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 176-b of the town law, as sepa- rately amended by chapters 358, 378, 380 and 645 of the laws of 2008, is amended to read as follows: 7. The membership of any volunteer firefighter shall not be continued pursuant to subdivision five of this section, and persons shall not be elected to membership pursuant to subdivision six of this section, if, by so doing, the percentage of such non-resident members in the fire company would exceed forty-five per centum of the actual membership of the fire company, provided however, that the provisions of this subdivi- sion shall not apply to the memberships of the Shelter Island Heights fire district, the Cherry Grove fire district, the Fire Island Pines fire district, the Davis Park fire department, and the Cold Spring Harbor fire district in Suffolk county, the New Hampton fire district, the Mechanicstown fire district and the Good Will fire district in Orange county, the Jericho fire district and the Westbury fire district in Nassau county, the Orangeburg fire district in Rockland county, the South Lockport Fire Company and the Terry's Corners volunteer fire company in Niagara County, the Taunton fire district and the Onondaga Hill fire department in Onondaga county, the Town of Batavia fire department in Genesee County, the Schuyler Heights fire district and the Slingerlands fire district I in Albany county, the town of ProvidenceEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07456-02-9 S. 2931 2 A. 6486
fire district in Saratoga county, the River Road fire district, No. 3 in Erie county, THE FORT JOHNSON FIRE DISTRICT IN MONTGOMERY COUNTY or the memberships of the Millwood fire district, the Purchase Fire District, the North Castle South Fire District, No. 1 in Westchester county, and the Thornwood fire company, No. 1 in Westchester county. S 2. This act shall take effect immediately.