The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9316
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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 the Ardsley Volunteer 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 379 of the laws of
 2021, 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.

                                                            LBD15889-01-2
 S. 9316                             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
 the membership of the Prospect Terrace Fire Company,  Inc.,  within  the
 town  of  Dickinson, Broome county, to membership of the Hopewell Volun-
 teer Fire Department, Inc., to membership of the Wales Center  Volunteer
 Fire  Company,  Inc.,  within  the  town  of  Wales, Erie county, to the
 membership of the Nedrow Fire Department, within the town  of  Onondaga,
 Onondaga  county, to the membership of the Howlett Hill Fire Department,
 within the town of Onondaga, Onondaga county, to the membership  of  the
 East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
 ty,  to  the membership of the Pleasant Square Fire Company, Inc. within
 the town of Johnstown, Fulton county, to  the  membership  of  the  East
 Amherst  Fire Department, Inc., within the town of Amherst, Erie county,
 TO THE MEMBERSHIP OF THE ARDSLEY VOLUNTEER FIRE DEPARTMENT,  WITHIN  THE
 VILLAGE  OF  ARDSLEY,  WESTCHESTER  COUNTY, or to membership of the fire
 departments within the town of Fleming, Cayuga county.  Nonresidents  of
 the territory specified in the certificate of incorporation whose volun-
 teer  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
 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
 S. 9316                             3
 
 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 subpara-
 graph  shall  not be deemed to authorize the election or the continuance
 of any person as a member of the corporation if such election or contin-
 uance of membership shall be contrary to the  by-laws,  rules  or  regu-
 lations of the fire corporation.
   § 2. This act shall take effect immediately.