S T A T E   O F   N E W   Y O R K
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                                  2799

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 3, 2009
                               ___________

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 of the town of Fleming

  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. 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
specified in the certificate of incorporation or  of  territory  outside
such  boundaries  which  is  afforded fire protection by the fire corpo-
ration pursuant to a contract for fire protection  under  which  a  cash
consideration  is  received by the corporation or for which negotiations
for renewal of such a contract are pending. The membership of any volun-
teer 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00877-01-9
              

S. 2799                             2

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
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 PROVISIONS OF  THIS  SUBPARAGRAPH  SHALL
NOT  APPLY  TO  THE  MEMBERSHIP OF THE FIRE COMPANIES WITHIN THE TOWN OF
FLEMING. 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 [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 authori-
zation from an officer of the fire department or fire company to partic-
ipate  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 member-
ship shall be contrary to the by-laws, rules or regulations of the  fire
corporation.
  S 2. This act shall take effect immediately.