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