Assembly Bill A11156A

Signed By Governor
2017-2018 Legislative Session

Exempts the Pleasant Square 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 Via S8979 - Signed by Governor


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

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Bill Amendments

2017-A11156 - Details

See Senate Version of this Bill:
S8979
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2017-A11156 - Summary

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

2017-A11156 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11156
 
                           I N  A S S E M B L Y
 
                               June 11, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Butler) --
   read once and referred to the Committee on Local Governments
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   exempting  Pleasant  Square  Fire Company, 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 276 of the laws of
 2016, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-A11156A (ACTIVE) - Details

See Senate Version of this Bill:
S8979
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2017-A11156A (ACTIVE) - Summary

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

2017-A11156A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11156--A
 
                           I N  A S S E M B L Y
 
                               June 11, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Butler) --
   read once and referred  to  the  Committee  on  Local  Governments  --
   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  Pleasant  Square  Fire Company, 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 276 of the laws of
 2016, 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
              

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