Assembly Bill A5361

Signed By Governor
2023-2024 Legislative Session

Exempts the East Dunkirk Volunteer Fire Company, Inc. 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

Current Bill Status Via S1068 - 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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2023-A5361 (ACTIVE) - Details

See Senate Version of this Bill:
S1068
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2023-A5361 (ACTIVE) - Summary

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

2023-A5361 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5361
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   exempting  the  East  Dunkirk  Volunteer  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 separately amended by chapters 308,
 312 and 327 of the laws of 2022, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04003-01-3
              

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