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Bill

A 11297

Exempts the Liverpool Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

2025 Regular Session

The bill exempts the Liverpool Fire Department from the 45% nonresident member cap, allowing higher nonresident participation for its volunteers.

REPORTED REFERRED TO WAYS AND MEANS
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Bill Summary · A 11297

Purpose and intent

  • The bill amends New York’s not-for-profit corporation law to exempt the Liverpool Fire Department from the existing 45% cap on nonresident members.
  • In effect, Liverpool would be allowed to maintain or increase nonresident membership beyond the general 45% limit, addressing a local hiring/participation policy impact specific to that department.

Key provisions and changes

  • The core change is in Subparagraph 3 of paragraph (c) of section 1402 of the not-for-profit corporation law (as amended by Chapter 369 of 2025). The bill adds an explicit exception for the Liverpool Fire Department to the statewide nonresident membership cap.
  • The text retains the general framework for how fire departments formed with town board consent operate, including:
    • Appointment of initial town firefighters by majority town board consent.
    • Subsequent election of members by the fire corporation by by-laws, with town board approval.
    • Residency requirements for members within the territory specified in the certificate of incorporation or within territory protected by a fire protection contract.
    • Rules governing continued membership for residents who relocate, or for those whose residence changes while remaining available for service.
  • The bill enumerates many other fire departments that already qualify for various residency/ nonresident conditions, highlighting that the typical 45% cap has carved out exceptions for specific departments; the Liverpool Fire Department would be added to that list of exceptions.
  • Importantly, the text preserves the mechanism by which nonresident status is handled: nonresident members can hold office and have many powers and duties, but nonresident members engaged in firefighting outside the state require reporting and authorization before participation outside New York, and certain limitations apply to firefighting duties when outside the state.

Who would be affected

  • Liverpool Fire Department in the Town of Salina, Onondaga County.
  • The exemption would affect the composition of its volunteer membership, allowing the department to exceed the standard 45% nonresident cap without triggering the general prohibition.
  • Other provisions of law regarding appointments, elections, and residency continue to apply to Liverpool as with other fire corporations, but the specific cap constraint would not apply to Liverpool.

Procedural and timeline aspects

  • Introduced May 11, 2026, in the Assembly by the Committee on Rules at the request of Assembly Member Hunter.
  • Referred to the Committee on Local Governments for consideration.
  • Effective date: immediate upon enactment (the act states it takes effect immediately).

Potential impacts and considerations

  • Local autonomy: The Liverpool Fire Department would gain flexibility to maintain or increase nonresident participation, which could help with volunteer recruitment and availability, particularly if resident staffing is constrained.
  • Community and governance implications: As with other nonresident allowances, there could be questions about accountability, training, and coordination for volunteers who reside outside the department’s primary territory.
  • Fiscal and service implications: If nonresident volunteers enhance incident response capabilities or coverage, emergency services in Liverpool and surrounding areas may see improved response times or capacity, subject to contract and governance requirements.
  • Precedent: This bill adds Liverpool to a list of exceptions to the general nonresident cap; its passage could influence discussions about residency requirements for other departments seeking similar exemptions.

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

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