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A 10902

Exempts the East Herkimer Volunteer Fire Department No.1, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

2025 Regular Session Introduced by Robert Smullen

The bill exempts East Herkimer Volunteer Fire Department No. 1, Inc. from the 45% non-resident membership cap.

REFERRED TO LOCAL GOVERNMENTS
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Bill Summary · A 10902

Bill Summary: A. 10902 (2025-2026) – New York

Title

Exempts the East Herkimer Volunteer Fire Department No. 1, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

Jurisdiction

New York — Assembly

Main purpose and intent

  • The bill seeks to grant an exemption to the East Herkimer Volunteer Fire Department No. 1, Inc. from the statewide cap that non-resident members may not exceed 45% of a fire department’s actual membership.
  • This is a targeted carve-out to allow East Herkimer Volunteer Fire Department No. 1, Inc. to maintain or potentially increase its non-resident membership without violating the 45% cap that applies to other fire departments.

Key provisions and changes

  • The bill amends Subparagraph 3 of paragraph (c) of section 1402 of the Not-for-Profit Corporation Law (as amended by ch. 369 of 2025) to include a specific exemption for East Herkimer Volunteer Fire Department No. 1, Inc.
  • The foundational framework remains the same for other towns outside villages and fire districts, including:
    • Town boards must consent to formation and approve any subsequent member elections.
    • Eligibility criteria for membership typically require residency within the certificate’s defined territory or certain territories served under contract for fire protection.
    • Member continued eligibility is conditioned on maintaining residency requirements, with specific procedures for approvals by town boards when a member’s residence changes.
  • The exemption would bypass the standard 45% non-resident membership cap for East Herkimer, allowing non-residents to constitute more than 45% of the department’s actual membership.
  • The measure explicitly lists numerous other fire departments where the 45% cap does not apply, illustrating this bill’s selective nature by adding East Herkimer to that list (alongside a number of other named departments in various counties).

Who is affected

  • Primary: East Herkimer Volunteer Fire Department No. 1, Inc.
  • Secondary/indirect: Other fire departments and residents in towns outside villages and fire districts, as the baseline rule governs eligibility, residency, and board approvals for membership in volunteer fire departments.
  • Non-resident members of East Herkimer would no longer face the 45% cap constraint under this bill, subject to the department's internal by-laws and applicable town board approvals.

Procedural/timeline aspects

  • Status: Introduced in the New York Assembly on April 8, 2026; referred to the Committee on Local Governments.
  • Effective date: The bill states it shall take effect immediately upon enactment.
  • Process: As with similar not-for-profit corporation law amendments, the bill requires passage by both houses and gubernatorial signature to become law.

Notes for readers

  • The bill provides a targeted exception to a broader residency-related funding and governance framework that controls the composition of volunteer fire departments.
  • The inclusion of East Herkimer in the exemption list indicates a congressional/legislative acknowledgment of specific local conditions or needs that justify deviating from the general 45% cap.
  • The exemption is not a blanket change; it is narrowly tailored to East Herkimer No. 1, Inc. and is subject to compliance with existing by-laws and town board oversight.

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

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