senate Bill S8249A

Signed By Governor
2017-2018 Legislative Session

Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

download bill text pdf

Sponsored By

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

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2018 signed chap.500
Dec 18, 2018 delivered to governor
Jun 20, 2018 returned to senate
passed assembly
ordered to third reading rules cal.379
substituted for a10918
Jun 11, 2018 referred to local governments
delivered to assembly
passed senate
May 30, 2018 amended on third reading (t) 8249a
May 22, 2018 advanced to third reading
May 16, 2018 2nd report cal.
May 15, 2018 1st report cal.1200
Apr 23, 2018 referred to local government

S8249 - Details

See Assembly Version of this Bill:
A10918
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

S8249 - Summary

Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

S8249 - Sponsor Memo

S8249 - Bill Text download pdf


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

                                  8249

                            I N  S E N A T E

                             April 23, 2018
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to volunteer  members  of  the
  Nedrow fire department

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 7 of section 176-b of the town
law, as separately amended by section 3 of part EE  of  chapter  56  and
chapters  114,  270  and  272 of the laws of 2010, is amended to read as
follows:
  (a) The membership of any volunteer firefighter shall not be continued
pursuant to subdivision five of this section, and persons shall  not  be
elected  to  membership pursuant to subdivision six of this section, if,
by so doing, the percentage of such non-resident  members  in  the  fire
company  would  exceed forty-five per centum of the actual membership of
the fire company, provided however, that the provisions of this subdivi-
sion shall not apply to the memberships of the  Shelter  Island  Heights
fire  district,  the  Cherry  Grove fire district, the Fire Island Pines
fire district, the Davis Park  fire  department,  and  the  Cold  Spring
Harbor  fire  district in Suffolk county, the New Hampton fire district,
the Mechanicstown fire district, the Pocatello fire district, the  Wash-
ington  Heights  fire district and the Good Will fire district in Orange
county, the Jericho fire district, the Westbury fire  district  and  the
Roslyn  Rescue  Hook  and  Ladder  Company,  No. 1 in Nassau county, the
Orangeburg fire district in Rockland county,  the  South  Lockport  Fire
Company  and the Terry's Corners volunteer fire company in Niagara Coun-
ty, the Taunton fire district [and], the Onondaga Hill  fire  department
AND  THE  NEDROW FIRE DEPARTMENT in Onondaga county, the Town of Batavia
fire department in Genesee County, the Schuyler Heights  fire  district,
the  Boght  Community fire district and the Slingerlands fire district I
in Albany county, the town of Providence fire district in Saratoga coun-
ty, the River Road fire district, No. 3 and  the  Armor  Volunteer  Fire
Company  in  Erie county, the Sir William Johnson Fire Company in Fulton
county, the Fort Johnson Fire  district  in  Montgomery  county  or  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S8249A (ACTIVE) - Details

See Assembly Version of this Bill:
A10918
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

S8249A (ACTIVE) - Summary

Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

S8249A (ACTIVE) - Sponsor Memo

S8249A (ACTIVE) - Bill Text download pdf


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

                                 8249--A
    Cal. No. 1200

                            I N  S E N A T E

                             April 23, 2018
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  exempting  Nedrow  Fire  Department  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

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