Senate Bill S1068

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 - 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-S1068 (ACTIVE) - Details

See Assembly Version of this Bill:
A5361
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1402, N-PC L

2023-S1068 (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-S1068 (ACTIVE) - Sponsor Memo

2023-S1068 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1068
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04003-01-3
              

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