S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7204
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11534-01-5
              

 S. 7204                             2
 
 the vicinity or [his or her] SUCH MEMBER'S usual occupation [he or  she]
 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
 S. 7204                             3
 
 Dryden, Tompkins county, to the membership of the Leeds Hose Company No.
 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.