S T A T E   O F   N E W   Y O R K
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                                  4544

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 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
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.
                                                           LBD09910-01-1

S. 4544                             2

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.