A 1455: Exempts the South Onondaga Fire Department within the town of Onondaga, Onondaga county, from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.

  
  STATE OF NEW YORK ________________________________________________________________________ 1455 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Subparagraph 3 of paragraph (c) of section 1402 of the 2 not-for-profit corporation law, as amended by chapter 354 of the laws of 3 2024, 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] such member ceases to be a resi- 18 dent of such inside or outside territory, except that the corporation 19 may authorize [his or her] their continued membership where [he or she] 20 such member notifies the secretary of the fire corporation (a) that [he 21 or she plans] they plan to change [his or her] their residence to a 22 territory which is not in such inside or outside territory, and (b) that 23 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 1 [his or her] such member's usual occupation [he or she] they will be 2 available to render active service as a volunteer firefighter in either 3 such inside or such outside territory. Voting for such authorization 4 shall be pursuant to the by-laws. Such authorization shall not become 5 effective unless approved by resolution of the town board of each town 6 which consented to the formation of the corporation. Any membership so 7 continued shall terminate when the member can no longer meet the 8 requirements of this subparagraph. A person who cannot meet the resi- 9 dence requirements of this subparagraph may be elected to membership as 10 a volunteer member if by reason of [his or her] such member's residence 11 in the vicinity or [his or her] such member's usual occupation [he or 12 she] they will be available to render active service as a volunteer 13 firefighter in such inside or outside territory. Voting for such 14 election shall be pursuant to the by-laws. Such election shall not 15 become effective unless approved by resolution of the town board of each 16 town which consented to the formation of the corporation. Such member- 17 ship shall terminate when the member can no longer meet the requirements 18 of this subparagraph. The election or continuance of any person as a 19 member shall be deemed to have been approved by the town board pursuant 20 to this subparagraph in the event that no action is taken by the town 21 board, either approving or disapproving, within forty days in the case 22 of residents of the territory specified in the certificate of incorpo- 23 ration or of outside contract territory, and within seventy days in the 24 case of all others, after service of written notice of such election or 25 continuance of membership shall have been made by the secretary of the 26 corporation upon the town clerk, either personally or by mail. The 27 membership of any volunteer firefighter shall not be continued pursuant 28 to this subparagraph, and persons who do not reside in the territory 29 specified in the certificate of incorporation or in territory protected 30 pursuant to a contract for fire protection shall not be elected to 31 membership, if, by so doing, the percentage of such nonresident members 32 in the fire corporation would exceed forty-five per centum of the actual 33 membership thereof, provided, however, that the forty-five percent limit 34 on non-resident members shall not apply to the membership of the Huguen- 35 ot Fire Company, Inc., within the town of Deerpark, Orange county, to 36 the membership of the Prospect Terrace Fire Company, Inc., within the 37 town of Dickinson, Broome county, to membership of the Hopewell Volun- 38 teer Fire Department, Inc., to membership of the Wales Center Volunteer 39 Fire Company, Inc., within the town of Wales, Erie county, to the 40 membership of the Nedrow Fire Department, within the town of Onondaga, 41 Onondaga county, to the membership of the Howlett Hill Fire Department, 42 within the town of Onondaga, Onondaga county, to the membership of the 43 South Onondaga Fire Department, within the town of Onondaga, Onondaga 44 county, to the membership of the Southwood Volunteer Fire Department, 45 Inc., within the town of Onondaga, Onondaga county, to the membership of 46 the East Syracuse Fire Department, within the town of Dewitt, Onondaga 47 county, to the membership of the Camillus Volunteer Fire Department, 48 Inc., within the town of Camillus, Onondaga county, to the membership of 49 the Pleasant Square Fire Company, Inc. within the town of Johnstown, 50 Fulton county, to the membership of the East Amherst Fire Department, 51 Inc., within the town of Amherst, Erie county, to the membership of the 52 Crittenden Volunteer Fire Department, Inc., within the town of Alden, 53 Erie county, to membership of the fire departments within the town of 54 Fleming, Cayuga county, to membership of the Bushnell's Basin Fire 55 Department, in the town of Perinton, Monroe county, to the membership of 56 the East Dunkirk Volunteer Fire Company, Inc. within the town of 
 A. 1455 3 1 Dunkirk, Chautauqua county, to the membership of the Varna Volunteer 2 Fire Company, Inc., within the town of Dryden, Tompkins county, to the 3 membership of the Leeds Hose Company No. 1, Inc. within the town of 4 Catskill, Greene county or to membership of the Salina Consolidated Fire 5 District #2, in the town of Salina, Onondaga county. Nonresidents of the 6 territory specified in the certificate of incorporation whose volunteer 7 membership has been authorized or continued pursuant to this subpara- 8 graph may be elected or appointed to any office in the fire corporation 9 and shall have all the powers, duties, immunities, and privileges of 10 resident volunteer members except a non-resident of this state whose 11 membership has been continued pursuant to this subparagraph, or who was 12 elected to membership pursuant to this subparagraph, shall not be 13 considered to be performing any firefighting duty, or to be engaged in 14 any firefighting activity, as a member of the fire company while [he or 15 she] such member is outside of this state unless and until [he or she] 16 such member has first reported to the officer or firefighter in command 17 of [his or her] their fire department, or any company, squad or other 18 unit thereof, engaged or to be engaged in rendering service outside this 19 state, or has received orders or authorization from an officer of the 20 fire department or fire company to participate in or attend authorized 21 activities outside of this state in the same manner as resident members 22 of the fire company. A person shall not be eligible to volunteer member- 23 ship in any other fire corporation or fire company at one time. The 24 provisions of this subparagraph shall not be deemed to authorize the 25 election or the continuance of any person as a member of the corporation 26 if such election or continuance of membership shall be contrary to the 27 by-laws, rules or regulations of the fire corporation. 28 § 2. This act shall take effect immediately.