S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
March 2, 2011
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- 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 joint
purchases by fire corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (e) of section 1402 of the not-for-profit corpo-
ration law, subparagraph 1 as amended by chapter 719 of the laws of 1985
and subparagraph 5 as added by chapter 307 of the laws of 1980, is
amended to read as follows:
(1) A fire, hose, protective or hook and ladder corporation hereto-
fore incorporated under any general law or a fire corporation hereafter
incorporated under this section shall be under the control of the city,
village, fire district or town authorities having, by law, control over
the prevention or extinguishment of fires therein. Such authorities may
adopt rules and regulations for the government and control of such
corporations. Notwithstanding the provisions of any such local law, a
person who has been convicted of arson in any degree shall not be eligi-
ble for nomination, election or appointment to any office of the corpo-
ration, nor may such person serve as director of the corporation. Any
fire corporation officer or director who is convicted of arson in any
degree during his term of office shall be disqualified from completing
such term of office.
(2) Where a fire corporation formed outside of a city, village or fire
district furnishes fire protection to territory outside of the bounda-
ries specified in its certificate of incorporation, the fire corporation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3739--A 2
and the members thereof shall be under the exclusive control of the town
board of the town in which the fire corporation maintains its apparatus.
(3) The emergency relief squad of a fire corporation incorporated
under this section or subject to the provisions thereof shall have power
to furnish general ambulance service when duly authorized under the
provisions of section two hundred nine-b of the general municipal law.
(4) Any fire company incorporated under this section or subject to the
provisions thereof shall have power to engage in fund raising activities
pursuant to section two hundred four-a of the general municipal law.
[5.] (5) Any fire company incorporated under this section or subject
to the provisions thereof shall have power, subject to the approval or
authorization of the town board, to attend a funeral.
(6) FIRE, HOSE, PROTECTIVE OR HOOK AND LADDER CORPORATIONS HERETOFORE
INCORPORATED UNDER ANY GENERAL LAW OR FIRE CORPORATIONS HEREAFTER INCOR-
PORATED UNDER THIS SECTION OR VOLUNTEER FIRE COMPANIES OR FIRE DEPART-
MENTS AS DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENE-
FITS LAW ARE HEREBY AUTHORIZED TO ENTER INTO CONTRACTS AMONG THEMSELVES
AND AMONG MUNICIPAL CORPORATIONS FOR THE JOINT PURCHASE OF GOODS,
SUPPLIES AND SERVICES. PROVIDED THAT THE PROVISIONS OF ARTICLE FIVE-A OF
THE GENERAL MUNICIPAL LAW SHALL BE CONTROLLING FOR ANY PROPOSED JOINT
PURCHASE BETWEEN SUCH FIRE CORPORATION, COMPANY, OR DEPARTMENT AND A
MUNICIPAL CORPORATION. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE TERM
"MUNICIPAL CORPORATION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, FIRE
DISTRICT, OR AMBULANCE DISTRICT.
S 2. This act shall take effect immediately.