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A10204 Summary:

BILL NOA10204
 
SAME ASSAME AS S09030
 
SPONSORRules (Lunsford)
 
COSPNSR
 
MLTSPNSR
 
Amd §1402, N-PC L
 
Exempts the Bushnell's Basin Fire Department, in the town of Perinton, county of Monroe from the forty-five percent limit on non-resident members.
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A10204 Actions:

BILL NOA10204
 
05/06/2022referred to local governments
05/10/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.273
05/17/2022ordered to third reading rules cal.273
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
05/23/2022SUBSTITUTED FOR S9030
05/23/20223RD READING CAL.1196
05/23/2022PASSED SENATE
05/23/2022RETURNED TO ASSEMBLY
06/22/2022delivered to governor
06/30/2022signed chap.308
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A10204 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10204
 
SPONSOR: Rules (Lunsford)
  TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to exempting the Bushnell's Basin Fire Department from the forty-five percent limit on non-resident members   PURPOSE: To allow the Bushnell Basin Fire Department to have enough members to operate the department by eliminating the 55% resident requirement, while still allowing them to qualify for not-for-profit status and the resultant benefits.   SUMMARY OF PROVISIONS: Section 1 amends section 1402(c)(3) of the not-for-profit corporation law to add the Bushnell Basin Fire Department to be exempt from the forty five percent non-resident member limit. Section 2 is the effective date.   JUSTIFICATION: The Bushnell Basin Fire Department serves the hamlet of Bushnell Basin in Perinton in Monroe County. Bushnell Basin is one of the smallest hamlets within Monroe County and one of the smallest Fire Districts. Considering the size of the hamlet as well as the shortages facing all first responders, Bushnell Basin FD struggles to stay below the forty- five percent non-resident member limit imposed by the Not-For-Profit Corporation law while still being able to sufficiently serve and protect their community. Adding the Bushnell Basin PI) to the list of exempted companies to the forty-five percent non-resident member limit, of which there are already at least ten, would allow the proper addition of volunteers from surrounding communities to guarantee the continued fire safety of Bushnell Basin.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A10204 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10204
 
                   IN ASSEMBLY
 
                                       May 6, 2022
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lunsford) --
          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 Bushnell's Basin Fire  Department  from  the  forty-five
          percent limit on non-resident members
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 3 of paragraph (c)  of  section  1402  of  the
     2  not-for-profit  corporation  law, as amended by  chapter 379 of the laws
     3  of 2021, is amended to read as follows:
     4    (3) In towns outside of villages and fire districts, the consent of  a
     5  majority  of  the  members  of the town board to the formation of a fire
     6  corporation shall constitute an appointment of the persons named in  the
     7  certificate  of  incorporation  as  town firefighters. Thereafter, other
     8  eligible persons may be elected as members pursuant to  the  by-laws  of
     9  the  fire  corporation, but the election of a member must be approved by
    10  the town board of each town which consented to the formation of the fire
    11  corporation. Such a person shall be a resident of the  territory  speci-
    12  fied  in  the  certificate of incorporation or of territory outside such
    13  boundaries which is afforded fire protection  by  the  fire  corporation
    14  pursuant  to a contract for fire protection under which a cash consider-
    15  ation is received by the  corporation  or  for  which  negotiations  for
    16  renewal  of such a contract are pending. The membership of any volunteer
    17  member shall terminate when he or she ceases to be a  resident  of  such
    18  inside  or  outside territory, except that the corporation may authorize
    19  his or her continued membership where he or she notifies  the  secretary
    20  of  the  fire  corporation (a) that he or she plans to change his or her
    21  residence to a territory which is not in such inside or outside territo-
    22  ry, and (b) that by reason of his or her residence in  the  vicinity  or
    23  his or her usual occupation he or she will be available to render active
    24  service as a volunteer firefighter in either such inside or such outside
    25  territory.  Voting  for  such  authorization  shall  be  pursuant to the
    26  by-laws. Such authorization shall not become effective  unless  approved
    27  by  resolution  of  the  town  board of each town which consented to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15652-01-2

        A. 10204                            2
 
     1  formation of the corporation. Any membership so continued  shall  termi-
     2  nate when the member can no longer meet the requirements of this subpar-
     3  agraph.  A  person  who  cannot  meet the residence requirements of this
     4  subparagraph  may  be  elected to membership as a volunteer member if by
     5  reason of his or her residence in the vicinity or his or her usual occu-
     6  pation he or she will be available to render active service as a  volun-
     7  teer  firefighter  in  such inside or outside territory. Voting for such
     8  election shall be pursuant to  the  by-laws.  Such  election  shall  not
     9  become effective unless approved by resolution of the town board of each
    10  town  which  consented to the formation of the corporation. Such member-
    11  ship shall terminate when the member can no longer meet the requirements
    12  of this subparagraph. The election or continuance of  any  person  as  a
    13  member  shall be deemed to have been approved by the town board pursuant
    14  to this subparagraph in the event that no action is taken  by  the  town
    15  board,  either  approving or disapproving, within forty days in the case
    16  of residents of the territory specified in the certificate  of  incorpo-
    17  ration  or of outside contract territory, and within seventy days in the
    18  case of all others, after service of written notice of such election  or
    19  continuance  of  membership shall have been made by the secretary of the
    20  corporation upon the town clerk,  either  personally  or  by  mail.  The
    21  membership  of any volunteer firefighter shall not be continued pursuant
    22  to this subparagraph, and persons who do not  reside  in  the  territory
    23  specified  in the certificate of incorporation or in territory protected
    24  pursuant to a contract for fire  protection  shall  not  be  elected  to
    25  membership,  if, by so doing, the percentage of such nonresident members
    26  in the fire corporation would exceed forty-five per centum of the actual
    27  membership thereof, provided, however, that the forty-five percent limit
    28  on non-resident members shall not apply to the membership of the Huguen-
    29  ot Fire Company, Inc., within the town of Deerpark,  Orange  county,  to
    30  the  membership  of  the Prospect Terrace Fire Company, Inc., within the
    31  town of Dickinson, Broome county, to membership of the  Hopewell  Volun-
    32  teer  Fire Department, Inc., to membership of the Wales Center Volunteer
    33  Fire Company, Inc., within the  town  of  Wales,  Erie  county,  to  the
    34  membership  of  the Nedrow Fire Department, within the town of Onondaga,
    35  Onondaga county, to the membership of the Howlett Hill Fire  Department,
    36  within  the  town of Onondaga, Onondaga county, to the membership of the
    37  East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
    38  ty, to the membership of the Pleasant Square Fire Company,  Inc.  within
    39  the  town  of  Johnstown,  Fulton  county, to the membership of the East
    40  Amherst Fire Department, Inc., within the town of Amherst, Erie  county,
    41  [or]  to  membership of the fire departments within the town of Fleming,
    42  Cayuga county or to membership of the Bushnell's Basin Fire  Department,
    43  in  the  town  of Perinton, Monroe county. Nonresidents of the territory
    44  specified in the certificate of incorporation whose volunteer membership
    45  has been authorized or continued pursuant to this  subparagraph  may  be
    46  elected  or  appointed  to  any office in the fire corporation and shall
    47  have all the powers, duties,  immunities,  and  privileges  of  resident
    48  volunteer  members  except a non-resident of this state whose membership
    49  has been continued pursuant to this subparagraph, or who was elected  to
    50  membership  pursuant to this subparagraph, shall not be considered to be
    51  performing any firefighting duty, or to be engaged in  any  firefighting
    52  activity,  as a member of the fire company while he or she is outside of
    53  this state unless and until he or she has first reported to the  officer
    54  or firefighter in command of his or her fire department, or any company,
    55  squad  or  other  unit  thereof,  engaged  or to be engaged in rendering
    56  service outside this state, or has received orders or authorization from

        A. 10204                            3
 
     1  an officer of the fire department or fire company to participate  in  or
     2  attend authorized activities outside of this state in the same manner as
     3  resident  members of the fire company. A person shall not be eligible to
     4  volunteer  membership  in  any other fire corporation or fire company at
     5  one time. The provisions of this subparagraph shall  not  be  deemed  to
     6  authorize  the  election or the continuance of any person as a member of
     7  the corporation if such election or continuance of membership  shall  be
     8  contrary to the by-laws, rules or regulations of the fire corporation.
     9    § 2. This act shall take effect immediately.
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