senate Bill S4603

Signed By Governor
2013-2014 Legislative Session

Exempts the Hopewell Volunteer Fire Department, Inc. from the law requiring that the percentage of non-resident members not exceed 45%

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.505
Nov 01, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.536
substituted for a7200
May 20, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
May 08, 2013 advanced to third reading
May 07, 2013 2nd report cal.
May 06, 2013 1st report cal.545
Apr 15, 2013 referred to corporations, authorities and commissions

Votes

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May 6, 2013 - Corporations, Authorities and Commissions committee Vote

S4603
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 6, 2013

excused (1)

S4603 - Bill Details

See Assembly Version of this Bill:
A7200
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1402, N-PC L

S4603 - Bill Texts

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Exempts the Hopewell Volunteer Fire Department, Inc. from the law requiring that the percentage of non-resident members not exceed 45%.

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BILL NUMBER:S4603

TITLE OF BILL: An act to amend the not-for-profit corporation law, in
relation to exempting Hopewell Volunteer Fire Department, Inc. from the
requirement that the percentage of non-resident fire department members
not exceed forty-five percent of the membership

PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow fire
companies within the town of Hopewell to utilize volunteers from outside
the district in certain instances to provide necessary fire and emergen-
cy medical services.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subparagraph 3 of paragraph (c) of section 1402 of
the Not-For-Profit Corporation Law, as amended by chapter 472 of the
laws of 2011, to exempt fire companies within the Town of Hopewell from
the restriction placed upon volunteer fire districts which restricts
nonresidents to 45% of membership.

Section two makes the bill effective immediately.

JUSTIFICATION: Maintaining an effective volunteer fire department
requires the retention of highly-qualified and experienced members.
Individuals should not be discouraged from becoming new members because
they live outside of the district.

Currently, Not-For-Profit Corporation Law requires that nonresident
membership cannot exceed 45% of the fire district's total membership.
The fire companies within the Town of Hopewell are seeking an amendment
of section 1402 of the Not-For-Profit Corporation Law to allow them to
exceed the 45% restriction. This exemption has already been granted to
numerous other fire companies in the State. The increased membership
will allow the fire companies within the Town of Hopewell to continue to
provide the necessary fire and emergency medical services.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4603

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 15, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  exempting Hopewell Volunteer Fire Department, 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 472 of the laws of
2011, 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
territory.  Voting  for  such  authorization  shall  be  pursuant to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09239-01-3

S. 4603                             2

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. or to member-
ship of the fire departments within the town of Fleming, Cayuga  county.
Nonresidents  of  the territory specified in the certificate of incorpo-
ration 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,  immuni-
ties, 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 subpara-
graph, 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  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 immediately.

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