S T A T E   O F   N E W   Y O R K
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                                   10442
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
   read once and referred to the Committee on Local Governments
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   exempting the South Onondaga Fire Department 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  383,
 424, 431 and 463 of the laws of 2023, 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] SUCH MEMBER ceases to be a resi-
 dent  of  such  inside or outside territory, except that the corporation
 may authorize [his or her] THEIR continued membership where [he or  she]
 SUCH  MEMBER notifies the secretary of the fire corporation (a) that [he
 or she plans] THEY PLAN to change [his or  her]  THEIR  residence  to  a
 territory which is not in such inside or outside territory, and (b) that
 by  reason  of  [his  or her] SUCH MEMBER'S residence in the vicinity or
 [his or her] SUCH MEMBER'S usual occupation [he or  she]  THEY  will  be
 available  to render active service as a volunteer firefighter in either
 such inside or such outside territory.  Voting  for  such  authorization
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15734-01-4
 A. 10442                            2

 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  terminate  when  the  member  can  no  longer meet the
 requirements of this subparagraph. A person who cannot  meet  the  resi-
 dence  requirements of this subparagraph may be elected to membership as
 a volunteer member if by reason of [his or her] SUCH MEMBER'S  residence
 in  the  vicinity  or [his or her] SUCH MEMBER'S usual occupation [he or
 she] THEY will be available to render  active  service  as  a  volunteer
 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
 SOUTH ONONDAGA FIRE DEPARTMENT, WITHIN THE TOWN  OF  ONONDAGA,  ONONDAGA
 COUNTY,  to  the  membership of the Southwood Volunteer Fire Department,
 Inc., within the town of Onondaga, Onondaga county, to the membership of
 the East Syracuse Fire Department, within the town of  Dewitt,  Onondaga
 county,  to  the  membership  of the Camillus Volunteer Fire Department,
 Inc., within the town of Camillus, Onondaga county, 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, to the membership of  the
 Crittenden  Volunteer  Fire  Department, Inc., within the town of Alden,
 Erie county, to membership of the fire departments within  the  town  of
 Fleming,  Cayuga  county,  to  membership  of  the Bushnell's Basin Fire
 Department, in the town of Perinton, Monroe county, to the membership of
 the East Dunkirk Volunteer Fire  Company,  Inc.    within  the  town  of
 Dunkirk,  Chautauqua county, to the membership of the Leeds Hose Company
 No. 1, Inc. within the town of Catskill, Greene county or to  membership
 of  the  Salina  Consolidated  Fire  District #2, in the town of Salina,
 A. 10442                            3
 
 Onondaga 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] SUCH MEMBER is outside of
 this state unless and until [he or she] SUCH MEMBER has  first  reported
 to  the  officer  or  firefighter  in command of [his or her] THEIR 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 subpara-
 graph  shall  not be deemed to authorize the election or the continuance
 of any person as a member of the corporation if such election or contin-
 uance of membership shall be contrary to the  by-laws,  rules  or  regu-
 lations of the fire corporation.
   § 2. This act shall take effect immediately.