senate Bill S6368A

Signed By Governor
2013-2014 Legislative Session

Exempts the Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

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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
Jul 22, 2014 signed chap.149
Jul 11, 2014 delivered to governor
Jun 16, 2014 returned to senate
passed assembly
ordered to third reading rules cal.280
substituted for a8629a
Mar 25, 2014 referred to local governments
delivered to assembly
passed senate
Mar 12, 2014 advanced to third reading
Mar 11, 2014 2nd report cal.
Mar 10, 2014 1st report cal.249
Feb 12, 2014 print number 6368a
amend (t) and recommit to corporations, authorities and commissions
Jan 21, 2014 referred to corporations, authorities and commissions

Votes

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Mar 10, 2014 - Corporations, Authorities and Commissions committee Vote

S6368A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Mar 10, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S6368 - Bill Details

See Assembly Version of this Bill:
A8629A
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

S6368 - Bill Texts

view summary

Exempts the Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

view sponsor memo
BILL NUMBER:S6368

TITLE OF BILL: An act to amend the not-for-profit corporation law, in
relation to exempting Wales Center 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: This bill adds Wales Center Volunteer Fire Company, Inc. to
the specific list of fire departments exempted from the requirement
that the percentage of non-resident fire department members not exceed
forty-five percent of actual membership.

SUMMARY OF PROVISIONS:

Section 1 amends subparagraph 3 of paragraph (c) of section 1402 of
the not-for-profit corporation law by adding the Wales Center
Volunteer Fire Company, Inc. to the specific list of fire departments
exempted from the requirement that the percentage of non-resident
members not exceed forty-five percent of actual membership.

Section 2 states that this law shall take effect immediately.

JUSTIFICATION: Currently, the law states that volunteer firefighters
who are not residents of the Wales Fire Protection District served by
the corporation cannot be elected to membership if, by doing so, the
percentage of such non-residents in the fire corporation would exceed
forty-five percent of actual membership. Because of this restriction
there are vacancies in the Wales Center Volunteer Fire Company which
could be filled by the membership of non-resident volunteer
firefighters. This bill will allow such non-residents to exceed
forty-five percent of actual membership of the fire company, helping
to increase its membership and enhance its ability to protect
residents within its fire protection district.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: Immediate.

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

                                  6368

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- 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 Wales  Center  Volunteer  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 amended by chapter 505 of the laws of
2013, 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13590-01-4

S. 6368                             2

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.,  TO  MEMBER-
SHIP  OF  THE WALES CENTER VOLUNTEER FIRE COMPANY, INC., WITHIN THE TOWN
OF WALES, ERIE COUNTY or to membership of the  fire  departments  within
the town of Fleming, Cayuga county. Nonresidents of the territory speci-
fied  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  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 subparagraph, 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.

S6368A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8629A
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

S6368A (ACTIVE) - Bill Texts

view summary

Exempts the Wales Center Volunteer Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

view sponsor memo
BILL NUMBER:S6368A

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

PURPOSE: This bill adds Wales Center Volunteer Fire Company, Inc. to
the specific list of fire departments exempted from the requirement
that the percentage of non-resident fire department members not exceed
forty-five percent of actual membership.

SUMMARY OF PROVISIONS:

Section 1 amends subparagraph 3 of paragraph (c) of section 1402 of
the not-for-profit corporation law by adding the Wales Center
Volunteer Fire Company, Inc. to the specific list of fire departments
exempted from the requirement that the percentage of non-resident
members not exceed forty-five percent of actual membership.

Section 2 states that this law shall take effect immediately.

JUSTIFICATION: Currently, the law states that volunteer firefighters
who are not residents of the Wales Fire Protection District served by
the corporation cannot be elected to membership if, by doing so, the
percentage of such non-residents in the fire corporation would exceed
forty-five percent of actual membership. Because of this restriction
there are vacancies in the Wales Center Volunteer Fire Company which
could be filled by the membership of non-resident volunteer
firefighters. This bill will allow such non-residents to exceed
forty-five percent of actual membership of the fire company, helping
to increase its membership and enhance its ability to protect
residents within its fire protection district.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Thirtieth day after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6368--A

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  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
  exempting  Wales Center Volunteer Fire Company, 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 505 of the laws of
2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13590-02-4

S. 6368--A                          2

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
membership  of  the Hopewell Volunteer Fire Department, Inc., TO MEMBER-
SHIP OF THE WALES CENTER VOLUNTEER FIRE COMPANY, INC., WITHIN  THE  TOWN
OF  WALES,  ERIE  COUNTY or to membership of the fire departments within
the town of Fleming, Cayuga county. Nonresidents of the territory speci-
fied 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 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 subparagraph, 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

S. 6368--A                          3

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 on the thirtieth day after it shall
have become a law.

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