S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6703
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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 East Amherst 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 separately amended by chapters 275
 and 276 of the laws of 2019, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11282-01-1

 S. 6703                             2
 
 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-
 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,
 or  to  membership  of  the fire departments within the town of Fleming,
 Cayuga county. Nonresidents of the territory specified  in  the  certif-
 icate 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  pursu-
 ant  to  this subparagraph, or who was elected to membership pursuant to
 this subparagraph, shall not be considered to be  performing  any  fire-
 fighting  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

 S. 6703                             3
 
 unless  and  until  he or she has first reported to the officer or fire-
 fighter 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.
   § 2. This act shall take effect immediately.