S T A T E O F N E W Y O R K
________________________________________________________________________
11516
I N A S S E M B L Y
June 21, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
read once and referred to the Committee on Local Governments
AN ACT to amend the not-for-profit corporation law, in relation to an
exemption to the residency requirement for firefighters of the
Huguenot Fire Co., Inc.
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 351 of the laws of
2000, 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 [firemen] FIREFIGHTERS. Thereaft-
er, 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 terri-
tory specified 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 consideration is received by the corporation or for which negoti-
ations 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
territory, and (b) that by reason of his OR HER residence in the vicini-
ty or his OR HER usual occupation he OR SHE will be available to render
active service as a volunteer [fireman] 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 by resolution of the town board of each town which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17707-03-0
A. 11516 2
consented to the formation of the corporation. Any membership so contin-
ued shall terminate when the member can no longer meet the requirements
of this subparagraph. A person who cannot meet the residence require-
ments 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 occupation he OR SHE will be available to render active
service as a volunteer [fireman] 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 membership 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 disap-
proving, within forty days in the case of residents of the territory
specified in the certificate of incorporation 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
[fireman] FIREFIGHTER shall not be continued pursuant to this subpara-
graph, 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 corpo-
ration would exceed forty-five per centum of the actual membership ther-
eof, PROVIDED, HOWEVER, THAT THE FORTY-FIVE PERCENT LIMIT ON NON-RESI-
DENT MEMBERS SHALL NOT APPLY TO THE MEMBERSHIP OF THE HUGUENOT FIRE
COMPANY, INC., WITHIN THE TOWN OF DEERPARK, ORANGE COUNTY. Nonresidents
of the territory specified in the certificate of incorporation whose
volunteer membership has been authorized or continued 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 priv-
ileges 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 [firemanic] FIREFIGHTING duty, or to
be engaged in any [firemanic] 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 [fireman] 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 member-
ship 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.