S T A T E O F N E W Y O R K
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10902
I N A S S E M B L Y
April 8, 2026
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the not-for-profit corporation law, in relation to
exempting the East Herkimer Volunteer Fire Department No.1, 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 amended by chapter 369 of the laws of
2025, 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 such member ceases to be a resident of such
inside or outside territory, except that the corporation may authorize
their continued membership where such member notifies the secretary of
the fire corporation (a) that they plan to change their residence to a
territory which is not in such inside or outside territory, and (b) that
by reason of such member's residence in the vicinity or such member's
usual occupation 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15460-01-6
A. 10902 2
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 residence requirements of this subparagraph may be
elected to membership as a volunteer member if by reason of such
member's residence in the vicinity or such member's usual occupation
they will be available to render active service as a volunteer fire-
fighter in such inside or outside territory. Voting for such election
shall be pursuant to the by-laws. Such election shall not become effec-
tive unless approved by resolution of the town board of each town which
consented to the formation of the corporation. Such membership 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 resi-
dents of the territory specified in the certificate of incorporation or
of outside contract territory, and within seventy days in the case of
all others, after service of written notice of such election or contin-
uance of membership shall have been made by the secretary of the corpo-
ration 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-re-
sident members shall not apply to the membership of the Huguenot 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 Volunteer
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 coun-
ty, 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 Crit-
tenden Volunteer Fire Department, Inc., within the town of Alden, Erie
county, to membership of the fire departments within the town of Flem-
ing, Cayuga county, to membership of the Bushnell's Basin Fire Depart-
ment, in the town of Perinton, Monroe county, to the membership of the
East Dunkirk Volunteer Fire Company, Inc. within the town of Dunkirk,
Chautauqua county, to the membership of the Varna Volunteer Fire Compa-
ny, 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 TO MEMBERSHIP OF THE EAST HERKIMER VOLUNTEER FIRE DEPART-
MENT NO. 1, INC. WITHIN THE TOWN OF HERKIMER, HERKIMER COUNTY or to
A. 10902 3
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 author-
ized or continued pursuant to this subparagraph 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 fire-
fighting duty, or to be engaged in any firefighting activity, as a
member of the fire company while such member is outside of this state
unless and until such member has first reported to the officer or fire-
fighter in command of 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 membership 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.