What's happening
This bill allows the East Concord Fire Department to have more than 45% non-resident members.
Why it matters
Addresses a firefighter recruitment challenge in rural Erie County. By allowing the East Concord Fire Department (in the town of Concord, Erie County) to exceed the current 45% cap on non-resident volunteers, the bill acknowledges local difficulties in finding enough resident firefighters and helps ensure adequate emergency response coverage in this rural area.
Brings East Concord in line with other exempted departments. The bill adds East Concord to a growing list of fire departments across upstate and western New York that have been granted this exception, showing a statewide trend where rural and suburban departments are increasingly relying on volunteers from outside their immediate boundaries due to population shifts or shortages.
Immediate impact on department operations and local governance. The change takes effect right away, allowing East Concord to quickly recruit and retain more non-resident members, potentially improving response times and coverage. However, the department still needs approval from the town board for each non-resident member, maintaining local oversight and community standards.
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Who cares
East Concord Fire Department, Inc
Directly benefits, as the bill exempts it from the 45% non-resident member cap, allowing greater flexibility in recruiting and retaining volunteers who live outside its immediate service area.
Residents of the Town of Concord and Neighboring Communities
May experience improved fire protection services due to a potentially larger and more flexible pool of volunteer firefighters.
Volunteer Firefighters (Current and Prospective, Especially Non-Residents)
Gain expanded opportunities to serve in the East Concord Fire Department regardless of residency, which could help address staffing shortages.
Local Government Officials and Policy Makers (Town Boards, Erie County Authorities)
Interested in the impact on community safety, local volunteer recruitment, and ensuring that emergency services are adequately staffed.
Headline styles
Allow Non-Resident Fire Volunteers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.359
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.621
- Substituted for A11318
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 60–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1229
Show 1 earlier action
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Out-of-Town Fire Volunteers
Assembly Floor Calendar · Sponsor David DiPietro
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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 specified 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 consideration 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.
LBD15743-01-6
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 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 secretary 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 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-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 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 county, 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 Crittenden Volunteer Fire Department, Inc., within the town of Concord, Erie county, to membership of the East Concord 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. 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. Nonresidents of the territory specified in the certificate of incorporation 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, 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 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose of bill
To allow the East Concord Fire Department, Inc. to have enough members to maintain sufficient operations.
Summary of provisions
Section one of this bill waives the East Concord Fire Department from the provision of law limiting non-resident members in a fire corporation to forty five percent of the actual membership.
§ 2. Sets forth the effective date.
Justification
Organized in 1948, the East Concord Fire Department, Inc, provides fire protection services to the fire district residents situated in the Town of Concord, Erie County. Recruitment- and retention of volunteer fire- fighters continue to be a challenge for many departments across New York, including the East Concord Fire Department Inc. This Bill will provide the department with the latitude to fill vacant positions with volunteers who reside outside the fire department boundaries.
Prior legislative history
New bill.
Fiscal implications
None to State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.