S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7630
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   exempting  the East Amherst Fire Department, Inc. from the requirement
   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 separately amended  by  chapters  275
 and 276 of the laws of 2019, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11282-01-1

 A. 7630                             2
 
 service as a volunteer 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 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
 the membership of the Prospect Terrace Fire Company,  Inc.,  within  the
 town  of  Dickinson, Broome county, to membership of the Hopewell Volun-
 teer Fire Department, Inc., to membership of the Wales Center  Volunteer
 Fire  Company,  Inc.,  within  the  town  of  Wales, Erie county, to the
 membership of the Nedrow Fire Department, within the town  of  Onondaga,
 Onondaga  county, to the membership of the Howlett Hill Fire Department,
 within the town of Onondaga, Onondaga county, to the membership  of  the
 East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
 ty,  to  the membership of the Pleasant Square Fire Company, Inc. within
 the town of Johnstown, Fulton county, TO  THE  MEMBERSHIP  OF  THE  EAST
 AMHERST  FIRE DEPARTMENT, INC., WITHIN THE TOWN OF AMHERST, ERIE COUNTY,
 or to membership of the fire departments within  the  town  of  Fleming,
 Cayuga  county.  Nonresidents  of the territory specified in the certif-
 icate 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 pursu-
 ant to this subparagraph, or who was elected to membership  pursuant  to
 this  subparagraph,  shall  not be considered to be performing any fire-
 fighting 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  fire-

 A. 7630                             3
 
 fighter  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
 the corporation if such election or continuance of membership  shall  be
 contrary to the by-laws, rules or regulations of the fire corporation.
   § 2. This act shall take effect immediately.