S T A T E   O F   N E W   Y O R K
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    S. 4901                                                  A. 7303

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 29, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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. MAGEE -- read once and referred to
  the Committee on Local Governments

AN  ACT to amend the village law, the town law, the general city law and
  the not-for-profit corporation law,  in  relation  to  recognition  of
  volunteer  members  of  fire  companies  as  duly elected and approved
  members of such fire companies

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

  Section  1. Legislative intent. This legislation is designed to update
certain provisions of the village law, the town law,  the  general  city
law  and  the  not-for-profit corporation law relating to recognition of
volunteer firefighters as duly elected  or  approved  members  of  their
respective  fire companies. Periodically, these provisions of law should
be updated to ensure that firefighters recently recognized as volunteers
are considered to be duly elected and approved members in their  respec-
tive fire companies, notwithstanding any legal defect in the election or
approval process. This act updates the relevant statutory provisions and
ensures that more recently elected or approved volunteer members of fire
companies are recognized as duly elected or approved for all purposes in
law,  including  but  not  limited to coverage under the volunteer fire-
fighters' benefit law.
  S 2. Paragraph 1 of subdivision 16 of section 10-1006 of  the  village
law,  as  amended by chapter 393 of the laws of 2003, is amended to read
as follows:
  (1) who was recognized on and after the first day  of  July,  nineteen
hundred  fifty-four and prior to the first day of January, [two thousand
three] TWO THOUSAND ELEVEN, as a volunteer member of any fire company of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-01-1
              

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a village subject to the provisions of this  article  by  the  board  of
trustees  or  board of fire commissioners of the village or by the offi-
cers and members of his fire company, and
  S  3.  Paragraph 3 of subdivision 16 of section 10-1006 of the village
law, as amended by chapter 393 of the laws of 2003, is amended  to  read
as follows:
  (3)  who was, at the time of his election to membership, a resident of
the village or of territory outside the village which was afforded  fire
protection  by  the  fire department of the village, or any fire company
thereof, pursuant to a contract for fire protection, or who was  a  non-
resident who was elected to membership or who was continued as a member,
pursuant  to the provisions of subdivisions five or six of this section,
shall for all purposes in law be considered to have  been  duly  elected
and  approved,  or continued, as a member in such fire company as of the
date of such approval, if any, and, if none, then as of the date of such
election or, in the case of  a  continuance,  as  of  the  date  of  the
approval,  if  any,  by  the board of fire commissioners or the board of
trustees, and, if none, as of the date of authorization  of  continuance
by the fire company; notwithstanding that there may have been some legal
defect  in  such  election,  or  the proceedings precedent thereto, or a
failure of the board of fire  commissioners  or  board  of  trustees  to
approve  such  member,  or approve the continuance of membership of such
member, as provided by the law in force at the time of such election, or
continuance, and the status of such person as a volunteer fireman as  of
the  date is hereby legalized, validated and confirmed. This subdivision
shall not apply to a person, if any, whose  volunteer  membership  in  a
fire  company  was disapproved by the board of trustees or board of fire
commissioners or declared invalid by a court of  competent  jurisdiction
prior  to  the  first  day of January, [two thousand three] TWO THOUSAND
ELEVEN.
  S 4. Paragraph 1 of subdivision 14 of section 176-b of the  town  law,
as  amended  by  chapter  393 of the laws of 2003, is amended to read as
follows:
  (1) who was recognized on and after the first day  of  July,  nineteen
hundred  fifty-four and prior to the first day of January, [two thousand
three] TWO THOUSAND ELEVEN, as a volunteer member of any fire company of
the fire district by  the  board  of  fire  commissioners  of  the  fire
district or by the officers and members of his fire company, and
  S  5.  Paragraph 3 of subdivision 14 of section 176-b of the town law,
as amended by chapter 393 of the laws of 2003, is  amended  to  read  as
follows:
  (3)  who was, at the time of his election to membership, a resident of
the fire district or of territory outside the fire  district  which  was
afforded fire protection by the fire department of the fire district, or
any  fire  company  thereof, pursuant to a contract for fire protection,
or, who was a nonresident who was  elected  to  membership  or  who  was
continued as a member, pursuant to the provisions of subdivision five or
six of this section, shall for all purposes in law be considered to have
been  duly  elected and approved, or continued, as a member in such fire
company as of the date of such approval, if any, and, if none,  then  as
of the date of such election or, in the case of a continuance, as of the
date  of  the approval, if any, by the board of fire commissioners, and,
if none, as of the date of authorization  of  continuance  by  the  fire
company;  notwithstanding  that there may have been some legal defect in
such election, or the proceedings precedent thereto, or a failure of the
board of fire commissioners to  approve  such  member,  or  approve  the

S. 4901                             3                            A. 7303

continuance  of  membership  of  such  member, as provided by the law in
force at the time of such election or continuance,  and  the  status  of
such  person as a volunteer firefighter as of such date is hereby legal-
ized,  validated,  and  confirmed. This subdivision shall not apply to a
person, if any, whose volunteer membership in a fire company was  disap-
proved by the board of fire commissioners or declared invalid by a court
of  competent jurisdiction prior to the first day of January, [two thou-
sand three] TWO THOUSAND ELEVEN.
  S 6. Paragraph 1 of subdivision 13 of section 16-a of the general city
law, as amended by chapter 393 of the laws of 2003, is amended  to  read
as follows:
  (1)  who  was recognized prior to the first day of January, [two thou-
sand three] TWO THOUSAND ELEVEN, as  a  volunteer  member  of  any  fire
company  of  a  city  subject  to  the provisions of this section by the
governing board or board of fire commissioners of the  city  or  by  the
officers and members of his fire company, and
  S 7. Paragraph 3 of subdivision 13 of section 16-a of the general city
law,  as  amended by chapter 393 of the laws of 2003, is amended to read
as follows:
  (3) who was, at the time of his election to membership, a resident  of
the  city  or  of  territory  outside  the  city which was afforded fire
protection by the fire department of the city, or any fire company ther-
eof, pursuant to a contract for fire protection, or who was a  non-resi-
dent  who  was  elected  to membership or who was continued as a member,
pursuant to the provisions of subdivision five or six of  this  section,
shall  for  all  purposes in law be considered to have been duly elected
and approved, or continued, as a member in such fire company as  of  the
date of such approval, if any, and, if none, then as of the date of such
election  or,  in  the  case  of  a  continuance,  as of the date of the
approval, if any, by the board of fire commissioners  or  the  governing
board,  and,  if none, as of the date of authorization of continuance by
the fire company; notwithstanding that there may have  been  some  legal
defect  in  such  election,  or  the proceedings precedent thereto, or a
failure of the board of fire commissioners or governing board to approve
such member, or approve the continuance of membership of such member, as
provided by the law in force at the time of such  election,  or  contin-
uance,  and  the status of such person as a volunteer fireman as of such
date is hereby legalized,  validated  and  confirmed.  This  subdivision
shall  not  apply  to  a person, if any, whose volunteer membership in a
fire company was disapproved by  the  board  of  fire  commissioners  or
declared invalid by a court of competent jurisdiction prior to the first
day of January, [two thousand three] TWO THOUSAND ELEVEN.
  S  8.  Clause  (A) of subparagraph 2 of paragraph h of section 1402 of
the not-for-profit corporation law, as amended by  chapter  393  of  the
laws of 2003, is amended to read as follows:
  (A)  who  was  recognized  on or after the first day of July, nineteen
hundred fifty-four and prior to the first day of January, [two  thousand
three]  TWO  THOUSAND ELEVEN as a volunteer member of a fire corporation
subject to the provisions of this section  located  in  a  town  outside
villages  and  fire  districts  by the town board or by the officers and
members of the fire corporation, and
  S 9. Clause (C) of subparagraph 2 of paragraph h of  section  1402  of
the  not-for-profit  corporation  law,  as amended by chapter 393 of the
laws of 2003, is amended to read as follows:
  (C) who was, at the time of his election to membership, a resident  of
the territory specified in the certificate of incorporation or of terri-

S. 4901                             4                            A. 7303

tory  outside  such boundaries which was afforded fire protection by the
fire corporation pursuant to a contract for fire protection, or who  was
a  nonresident  elected  to membership or who was continued as a member,
pursuant to the provisions of subparagraph (A) shall for all purposes in
law be considered to have been duly elected and confirmed, or continued,
as  a  member  in such fire corporation as of the date of such confirma-
tion, if any, and, if none, then as of the date of such election or,  in
the  case  of  a continuance, as of the date of approval, if any, by the
town board and, if none, as of the date of authorization of  continuance
by  the  fire corporation; notwithstanding that there may have been some
legal defect in such election, or the proceedings thereto, or a  failure
of the town board to confirm the election, or approve the continuance of
membership,  of such member, as provided by the law in force at the time
of such election or continuance, and the status  of  such  person  as  a
volunteer  fireman  as  of  such date is hereby legalized, validated and
confirmed. This subparagraph shall not apply to a person, if any,  whose
volunteer  membership  in  a  fire corporation was declared invalid by a
court of competent jurisdiction prior to the first day of January,  [two
thousand three] TWO THOUSAND ELEVEN.
  S 10. This act shall take effect immediately.