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Bill

A 11318

Authorizes non-resident volunteer membership within the East Concord Fire Department, Inc.

2025 Regular Session

The bill exempts East Concord Fire Department from the 45% nonresident member cap, allowing higher nonresident membership under defined town oversight and conditions.

SUBSTITUTED BY S10176
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Bill Summary · A 11318

Overview

  • Bill: A11318 (New York, 2025-2026)
  • Introduced by: Rules Committee (at request of Assembly Member DiPietro)
  • Committee assignment: Local Governments; later referred to Ways and Means
  • Subject: Exempts the East Concord Fire Department, Inc. from the state rule limiting nonresident members to no more than 45% of total membership

Purpose and intent

  • The bill amends the not-for-profit corporation law to specifically exempt the East Concord Fire Department, Inc. from the general cap on nonresident members.
  • In effect, East Concord would be allowed to maintain nonresident volunteer membership levels beyond the standard 45% threshold that applies to other fire departments, subject to the bill’s detailed conditions.

Key provisions and changes

  • Amendments to not-for-profit corporation law, section 1402, subparagraph 3, paragraph (c)(t) (as amended by 2025 legislation) establish an exception for East Concord Fire Department, Inc.
  • The exemption applies to the process by which towns consent to formation and subsequent membership elections:
    • After town board consent to form a fire corporation, initial appointments and future elections of members require town board approval.
    • Members must be residents of the designated territory or eligible nonresidents connected to contracts for fire protection or nearby territories, with a permissive framework for continuance of existing members under certain residence circumstances.
  • Specific thresholds and approvals:
    • The bill retains a 45% nonresident membership cap for most fire departments, but lists explicit carve-outs that allow East Concord (and several other named departments) to be exempt from this limit. The enumerated exceptions include a long list of fire companies that already have an exemption or special status.
    • Nonresident members may be elected or continued if:
    • They reside outside the specified territory but are within protection territory under a fire protection contract (with cash consideration) or pending renewal negotiations.
    • Their continued or newly elected status must be approved by the town boards that consented to the formation.
    • If a nonresident member’s residence would exceed the 45% cap, the exemption applies specifically to East Concord if included in the enumerated carve-outs.
    • For continued membership, the town board’s approval is required; if the board does not act within a specified time frame (40 days for residents, 70 days for others) after notice, the election/continuance is deemed approved.
  • Operational details:
    • Nonresident members granted under the exemption may hold office and enjoy all powers, duties, immunities, and privileges of resident volunteer members, with certain restrictions on active firefighting duties when outside New York State, until they report to or receive authorization to participate in out-of-state firefighting activities.
    • A member cannot simultaneously be a member of another fire corporation or company.
    • The exemption does not authorize elections or continued membership if inconsistent with the fire corporation’s by-laws, rules, or regulations.

Who would be affected

  • Primary: East Concord Fire Department, Inc. (East Concord) as the named exempt entity.
  • Other affected entities: A list of other fire departments that already have or are granted similar carve-outs (as enumerated in the bill) within various towns and counties; these departments are explicitly named in the text as exceptions to the general 45% nonresident limit.
  • Town boards: In each town that consented to forming the respective fire corporations, town boards retain oversight rights for approving or disapproving membership elections and continuances.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • Legislative history during 2026:
    • Referred to Local Governments (May 11, 2026)
    • Action history shows subsequent referral to Ways and Means (June 1, 2026)
  • Voting/approval timelines:
    • If a town board does not act within specified periods after written notice of election/continuance (40 days for certain residents, 70 days for others), approval is deemed granted.
  • Administrative mechanics:
    • Membership status and eligibility must align with by-laws of the respective fire corporation, with detailed conditions regarding residency, territory, and firefighting activity.

Potential impact and considerations

  • For East Concord: Enables greater flexibility in recruiting and retaining nonresident volunteer firefighters, potentially improving coverage and responsiveness in areas requiring mutual aid or cross-territory service.
  • For residents and nonresidents: Maintains a framework ensuring town-level oversight while permitting exemptions for specific departments, balancing local governance with operational staffing needs.
  • For other departments: The bill codifies an existing or planned exemption pathway, potentially affecting comparable governance and residency requirements in those jurisdictions.

Note: The bill explicitly lists numerous exceptions to the 45% cap, indicating a broader policy choice to preserve or formalize existing nonresident membership arrangements for several fire departments beyond East Concord.

Compiled from official sources — confirm details with the bill’s official record.

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