S T A T E O F N E W Y O R K
________________________________________________________________________
9216
2009-2010 Regular Sessions
I N A S S E M B L Y
October 28, 2009
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, the town law, the village
law, the general city law, the not-for-profit corporation law and the
volunteer firefighters' benefit law, in relation to permitting volun-
teer firefighters to be eligible to serve in more than one volunteer
fire department at one time
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 209-k to read as follows:
S 209-K. VOLUNTEERING OF SERVICES TO ADDITIONAL FIRE COMPANIES. A
VOLUNTEER FIREFIGHTER SHALL NOT BE PROHIBITED BY A FIRE COMPANY FROM
VOLUNTEERING HIS OR HER SERVICES TO OTHER FIRE COMPANIES OUTSIDE OF THE
AREA IN WHICH HE OR SHE REGULARLY SERVES.
S 2. Subdivision 10 of section 176-b of the town law, as added by
chapter 699 of the laws of 1954, is amended to read as follows:
10. A person shall [not] be eligible to volunteer membership in more
than one fire company at one time.
S 3. Subdivision 10 of section 10-1006 of the village law is amended
to read as follows:
10. A person shall [not] be eligible to volunteer membership in more
than one fire company at one time.
S 4. Subdivision 10 of section 16-a of the general city law, as added
by chapter 699 of the laws of 1954, is amended to read as follows:
10. A person shall [not] be eligible to volunteer membership in more
than one fire company at one time.
S 5. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10159-04-9
A. 9216 2
(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. 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 corpo-
ration. 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 corporation 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 volunteer member
shall terminate when he ceases to be a resident of such inside or
outside territory, except that the corporation may authorize his contin-
ued membership where he notifies the secretary of the fire corporation
(a) that he plans to change his residence to a territory which is not in
such inside or outside territory, and (b) that by reason of his resi-
dence in the vicinity or his usual occupation he will be available to
render active service as a volunteer fireman 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
terminate when the member can no longer meet the requirements of this
subparagraph. 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 residence in the vicinity or his usual occupation he
will be available to render active service as a volunteer fireman 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
disapproving, within forty days in the case of residents of the territo-
ry 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 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. Nonresi-
dents of the territory specified 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 priv-
ileges 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
A. 9216 3
be considered to be performing any firemanic duty, or to be engaged in
any firemanic activity, as a member of the fire company while he is
outside of this state unless and until he has first reported to the
officer or fireman in command of his 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.
S 6. Section 30 of the volunteer firefighters' benefit law is amended
by adding a new subdivision 13 to read as follows:
13. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
DEATH OR INJURY RESULTS FROM THE PERFORMANCE OF DUTY WHERE A VOLUNTEER
FIREFIGHTER IS A MEMBER OF MORE THAN ONE FIRE COMPANY PERMITTED UNDER
SECTION TWO HUNDRED NINE-K OF THE GENERAL MUNICIPAL LAW, SUBDIVISION TEN
OF SECTION ONE HUNDRED SEVENTY-SIX-B OF THE TOWN LAW, SUBDIVISION TEN OF
SECTION 10-1006 OF THE VILLAGE LAW, SUBDIVISION TEN OF SECTION 16-A OF
THE GENERAL CITY LAW OR THE FIRE COMPANY FOR WHOM THE VOLUNTEER FIRE-
FIGHTER WAS ASSISTING WHILE SUCH INJURY OCCURRED SHALL BE RESPONSIBLE
FOR THE PROVISION OF BENEFITS TO THE VOLUNTEER FIREFIGHTER,
B. NO MULTI-MEMBER VOLUNTEER FIREFIGHTER SHALL RECEIVE ADDITIONAL
BENEFITS AS A RESULT OF HIS OR HER MEMBERSHIP IN ADDITIONAL FIRE DEPART-
MENTS.
S 7. This act shall take effect immediately.