S T A T E O F N E W Y O R K
________________________________________________________________________
9199
2025-2026 Regular Sessions
I N A S S E M B L Y
November 3, 2025
___________
Introduced by M. of A. BARCLAY -- 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 Caughdenoy Volunteer Fire Department, Inc. 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:
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] SUCH MEMBER'S continued membership where [he
or she] SUCH MEMBER notifies the secretary of the fire corporation (a)
that [he or she] SUCH MEMBER plans to change [his or her] SUCH MEMBER'S
residence to a territory which is not in such inside or outside territo-
ry, and (b) that 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]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11534-01-5
A. 9199 2
SUCH MEMBER 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 long-
er 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 [his or her] SUCH
PERSON'S residence in the vicinity or [his or her] SUCH PERSON'S usual
occupation [he or she] SUCH PERSON 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 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 residents 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 continuance of membership shall have been made by the secre-
tary 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 nonresi-
dent 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 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 Hope-
well 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 Ononda-
ga, Onondaga county, to the membership of the Howlett Hill Fire Depart-
ment, within the town of Onondaga, Onondaga county, to the membership of
the Southwood Volunteer Fire Department, Inc., within the town of Onon-
daga, Onondaga county, to the membership of the East Syracuse Fire
Department, within the town of Dewitt, Onondaga county, to the member-
ship 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 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.
A. 9199 3
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 OR TO MEMBERSHIP OF THE CAUGHDENOY VOLUNTEER FIRE
DEPARTMENT, INC. WITHIN THE TOWN OF CENTRAL SQUARE, OSWEGO COUNTY.
Nonresidents of the territory specified in the certificate of incorpo-
ration whose volunteer membership has been authorized 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, immuni-
ties, 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 subpara-
graph, 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 NON-RESIDENT is outside of this state
unless and until [he or she] SUCH NON-RESIDENT has first reported to the
officer or firefighter in command of [his or her] SUCH NON-RESIDENT'S
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 subpara-
graph shall not be deemed to authorize the election or the continuance
of any person as a member of the corporation if such election or contin-
uance of membership shall be contrary to the by-laws, rules or regu-
lations of the fire corporation.
§ 2. This act shall take effect immediately.