S 8681

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8681
                             I N  S E N A T E
                              January 7, 2026
                                ___________
 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 Cody Volunteer Fire Department, Inc. from  the  require-
   ment  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
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13936-01-5
 S. 8681                             2
 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  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 CODY VOLUNTEER FIRE DEPARTMENT, INC.
 S. 8681                             3
 WITHIN THE TOWN OF GRANBY, OSWEGO COUNTY, or to membership of the Salina
 Consolidated Fire District #2, in the town of Salina,  Onondaga  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 such member is outside of this state unless and until such
 member  has  first  reported to the officer or firefighter 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.