Exempts the South Onondaga Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1455
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
   exempting the South Onondaga 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 354 of the laws of
 2024, 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] SUCH MEMBER ceases to be a resi-
 dent  of  such  inside or outside territory, except that the corporation
 may authorize [his or her] THEIR continued membership where [he or  she]
 SUCH  MEMBER notifies the secretary of the fire corporation (a) that [he
 or she plans] THEY PLAN to change [his or  her]  THEIR  residence  to  a
 territory which is not in such inside or outside territory, and (b) that
 by  reason  of  [his  or her] SUCH MEMBER'S residence in the vicinity or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01890-01-5
 A. 1455                             2
 
 [his or her] SUCH MEMBER'S usual occupation [he or  she]  THEY  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 terminate  when  the  member  can  no  longer  meet  the
 requirements  of  this  subparagraph. A person who cannot meet the resi-
 dence requirements of this subparagraph may be elected to membership  as
 a  volunteer member if by reason of [his or her] SUCH MEMBER'S residence
 in the vicinity or [his or her] SUCH MEMBER'S usual  occupation  [he  or
 she]  THEY  will  be  available  to render active service as a volunteer
 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
 SOUTH  ONONDAGA  FIRE  DEPARTMENT, WITHIN THE TOWN OF ONONDAGA, ONONDAGA
 COUNTY, to the membership of the Southwood  Volunteer  Fire  Department,
 Inc., within the town of Onondaga, Onondaga county, to the membership of
 the  East  Syracuse Fire Department, within the town of Dewitt, Onondaga
 county, to the membership of the  Camillus  Volunteer  Fire  Department,
 Inc., within the town of Camillus, Onondaga county, 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
 Crittenden Volunteer Fire Department, Inc., within the  town  of  Alden,
 Erie  county,  to  membership of the fire departments within the town of
 Fleming, Cayuga county, to  membership  of  the  Bushnell's  Basin  Fire
 Department, in the town of Perinton, Monroe county, to the membership of
 the  East  Dunkirk  Volunteer  Fire  Company,  Inc.  within  the town of
 A. 1455                             3
 
 Dunkirk, Chautauqua county, to the membership  of  the  Varna  Volunteer
 Fire  Company,  Inc., within the town of Dryden, Tompkins county, to the
 membership of the Leeds Hose Company No. 1, Inc.   within  the  town  of
 Catskill, Greene county or to membership of the Salina Consolidated Fire
 District #2, in the town of Salina, Onondaga county. Nonresidents of the
 territory  specified in the certificate of incorporation whose volunteer
 membership has been authorized or continued pursuant  to  this  subpara-
 graph  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 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] SUCH MEMBER is outside of this state unless and until [he  or  she]
 SUCH  MEMBER has first reported to the officer or firefighter in command
 of [his or her] THEIR 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 member-
 ship 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.