Exempts the East Concord Fire Department, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership
STATE OF NEW YORK
________________________________________________________________________
10176
IN SENATE
May 4, 2026
___________
Introduced by Sen. GALLIVAN -- 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 Concord Fire Department, 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:
1 Section 1. Subparagraph 3 of paragraph (c) of section 1402 of the
2 not-for-profit corporation law, as amended by chapter 369 of the laws of
3 2025, 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 such member ceases to be a resident of such
18 inside or outside territory, except that the corporation may authorize
19 their continued membership where such member notifies the secretary of
20 the fire corporation (a) that they plan to change their residence to a
21 territory which is not in such inside or outside territory, and (b) that
22 by reason of such member's residence in the vicinity or such member's
23 usual occupation they will be available to render active service as a
24 volunteer firefighter in either such inside or such outside territory.
25 Voting for such authorization shall be pursuant to the by-laws. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15743-01-6
S. 10176 2
1 authorization shall not become effective unless approved by resolution
2 of the town board of each town which consented to the formation of the
3 corporation. Any membership so continued shall terminate when the member
4 can no longer meet the requirements of this subparagraph. A person who
5 cannot meet the residence requirements of this subparagraph may be
6 elected to membership as a volunteer member if by reason of such
7 member's residence in the vicinity or such member's usual occupation
8 they will be available to render active service as a volunteer fire-
9 fighter in such inside or outside territory. Voting for such election
10 shall be pursuant to the by-laws. Such election shall not become effec-
11 tive unless approved by resolution of the town board of each town which
12 consented to the formation of the corporation. Such membership shall
13 terminate when the member can no longer meet the requirements of this
14 subparagraph. The election or continuance of any person as a member
15 shall be deemed to have been approved by the town board pursuant to this
16 subparagraph in the event that no action is taken by the town board,
17 either approving or disapproving, within forty days in the case of resi-
18 dents of the territory specified in the certificate of incorporation or
19 of outside contract territory, and within seventy days in the case of
20 all others, after service of written notice of such election or contin-
21 uance of membership shall have been made by the secretary of the corpo-
22 ration upon the town clerk, either personally or by mail. The membership
23 of any volunteer firefighter shall not be continued pursuant to this
24 subparagraph, and persons who do not reside in the territory specified
25 in the certificate of incorporation or in territory protected pursuant
26 to a contract for fire protection shall not be elected to membership,
27 if, by so doing, the percentage of such nonresident members in the fire
28 corporation would exceed forty-five per centum of the actual membership
29 thereof, provided, however, that the forty-five percent limit on non-re-
30 sident members shall not apply to the membership of the Huguenot Fire
31 Company, Inc., within the town of Deerpark, Orange county, to the
32 membership of the Prospect Terrace Fire Company, Inc., within the town
33 of Dickinson, Broome county, to membership of the Hopewell Volunteer
34 Fire Department, Inc., to membership of the Wales Center Volunteer Fire
35 Company, Inc., within the town of Wales, Erie county, to the membership
36 of the Nedrow Fire Department, within the town of Onondaga, Onondaga
37 county, to the membership of the Howlett Hill Fire Department, within
38 the town of Onondaga, Onondaga county, to the membership of the South
39 Onondaga Fire Department, within the town of Onondaga, Onondaga county,
40 to the membership of the Southwood Volunteer Fire Department, Inc.,
41 within the town of Onondaga, Onondaga county, to the membership of the
42 East Syracuse Fire Department, within the town of Dewitt, Onondaga coun-
43 ty, to the membership of the Camillus Volunteer Fire Department, Inc.,
44 within the town of Camillus, Onondaga county, to the membership of the
45 Pleasant Square Fire Company, Inc. within the town of Johnstown, Fulton
46 county, to the membership of the East Amherst Fire Department, Inc.,
47 within the town of Amherst, Erie county, to the membership of the Crit-
48 tenden Volunteer Fire Department, Inc., within the town of Concord, Erie
49 county, to membership of the East Concord Fire Department, Inc., within
50 the town of Alden, Erie county, to membership of the fire departments
51 within the town of Fleming, Cayuga county, to membership of the
52 Bushnell's Basin Fire Department, in the town of Perinton, Monroe coun-
53 ty, to the membership of the East Dunkirk Volunteer Fire Company, Inc.
54 within the town of Dunkirk, Chautauqua county, to the membership of the
55 Varna Volunteer Fire Company, Inc., within the town of Dryden, Tompkins
56 county, to the membership of the Leeds Hose Company No. 1, Inc. within
S. 10176 3
1 the town of Catskill, Greene county or to membership of the Salina
2 Consolidated Fire District #2, in the town of Salina, Onondaga county.
3 Nonresidents of the territory specified in the certificate of incorpo-
4 ration whose volunteer membership has been authorized or continued
5 pursuant to this subparagraph may be elected or appointed to any office
6 in the fire corporation and shall have all the powers, duties, immuni-
7 ties, and privileges of resident volunteer members except a non-resident
8 of this state whose membership has been continued pursuant to this
9 subparagraph, or who was elected to membership pursuant to this subpara-
10 graph, shall not be considered to be performing any firefighting duty,
11 or to be engaged in any firefighting activity, as a member of the fire
12 company while such member is outside of this state unless and until such
13 member has first reported to the officer or firefighter in command of
14 their fire department, or any company, squad or other unit thereof,
15 engaged or to be engaged in rendering service outside this state, or has
16 received orders or authorization from an officer of the fire department
17 or fire company to participate in or attend authorized activities
18 outside of this state in the same manner as resident members of the fire
19 company. A person shall not be eligible to volunteer membership in any
20 other fire corporation or fire company at one time. The provisions of
21 this subparagraph shall not be deemed to authorize the election or the
22 continuance of any person as a member of the corporation if such
23 election or continuance of membership shall be contrary to the by-laws,
24 rules or regulations of the fire corporation.
25 § 2. This act shall take effect immediately.
