S T A T E   O F   N E W   Y O R K
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                                 8629--A

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee   on   Corporations,  Authorities  and  Commissions  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
  exempting  Wales Center Volunteer Fire Company, Inc. from the require-
  ment that the percentage of non-resident fire department  members  not
  exceed forty-five percent of the membership

  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 505 of the laws of
2013, 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

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

                                                           LBD13672-02-4

A. 8629--A                          2

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 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,  to
membership  of  the Hopewell Volunteer Fire Department, Inc., TO MEMBER-
SHIP OF THE WALES CENTER VOLUNTEER FIRE COMPANY, INC., WITHIN  THE  TOWN
OF  WALES,  ERIE  COUNTY or to membership of the fire departments within
the town of Fleming, Cayuga county. Nonresidents of the territory speci-
fied 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 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

A. 8629--A                          3

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 on the thirtieth day after it shall
have become a law.