Bill Text: NY A07645 | 2021-2022 | General Assembly | Introduced
Bill Title: Incorporates the East Amherst Fire Department Benevolent Association; provides for its powers and duties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-06-08 - substituted by s6702 [A07645 Detail]
Download: New_York-2021-A07645-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7645 2021-2022 Regular Sessions IN ASSEMBLY May 19, 2021 ___________ Introduced by M. of A. McMAHON -- read once and referred to the Commit- tee on Local Governments AN ACT to incorporate the East Amherst Fire Department Benevolent Asso- ciation, and providing for its powers and duties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Incorporation; membership. A not-for-profit corporation by 2 the name of the "East Amherst Fire Department Benevolent Association" is 3 hereby created. It shall be composed of such persons eligible to member- 4 ship therein as shall be provided pursuant to the provisions of this act 5 and shall (a) notify the secretary of the East Amherst Fire Department, 6 Inc., a volunteer fire company, in writing prior to the organization 7 meeting hereinafter provided for of the corporation created by this act 8 of their desire to become members, or (b) attend such meeting or an 9 adjournment thereof and signify their intention of becoming members of 10 such corporation at such meeting, or (c) notify the secretary of the 11 corporation hereby created in writing within sixty days after his or her 12 election of their desire to become members thereof, and also such 13 persons so eligible as may thereafter become members of such corporation 14 pursuant to its by-laws. 15 § 2. Persons eligible for membership. All persons who are now, or have 16 been, or hereafter shall be active volunteer members of the East Amherst 17 Fire Department, Inc. in the county of Erie, and who have acquired or 18 shall hereafter acquire the status of exempt volunteer firefighter as 19 defined in section 200 of the general municipal law by virtue of having 20 rendered service in the East Amherst Fire Department, Inc., and all 21 persons who are now or hereafter shall be active volunteer members of 22 the East Amherst Fire Department, Inc., shall be eligible for membership 23 in the corporation created by this act, except that any firefighter who 24 has been removed for cause, expelled or dropped from the rolls of the 25 East Amherst Fire Department, Inc., and who has not been reinstated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11280-01-1A. 7645 2 1 therein, shall not be eligible for membership in such corporation. The 2 membership of any person in such corporation shall terminate upon the 3 withdrawal of such person as an active volunteer member of the East 4 Amherst Fire Department, Inc. prior to the actual performance by such 5 person of five years' service as an active volunteer member of the East 6 Amherst Fire Department, Inc. Paid firefighters, if any, of the East 7 Amherst Fire Department, Inc., shall not be eligible for membership in 8 the corporation. 9 § 3. Purposes. The purposes of the corporation created by this act 10 are: to provide relief, aid and assistance to the volunteer members of 11 such corporation who are indigent or disabled or injured in the perform- 12 ance of their duties, and their families; to maintain a suitable head- 13 quarters for the members of the corporation; to promote and safeguard 14 the welfare of the volunteer members of the corporation, and their fami- 15 lies; to provide for the health and safety of the volunteer members of 16 the corporation; and to enhance the morale of the volunteer members of 17 the corporation by providing social and recreational activities for the 18 volunteer members of the corporation, and the promotion of the volunteer 19 fire service within the territory protected by the East Amherst Fire 20 Department, Inc. 21 § 4. Powers and duties. Such corporation shall have all the powers of 22 a not-for-profit corporation, and the provisions of law relating to 23 not-for-profit corporations shall apply to such corporation except where 24 they conflict with the provisions of this act. However, unless the writ- 25 ten approval of the applicable governmental agency or department shall 26 have first been obtained, such corporation shall not establish and main- 27 tain any home or institution which, if separately incorporated, would 28 require the approval of such department or governmental agency. 29 § 5. Organization meeting; by-laws. The secretary of the East Amherst 30 Fire Department, Inc. shall call a meeting for the organization of such 31 corporation to be held not later than 60 days after this act takes 32 effect, notice of which shall be given by the secretary by posting or 33 causing to be posted a notice thereof in five conspicuous places within 34 the territory protected by the East Amherst Fire Department, Inc. and 35 also by publication of notice thereof in one or more newspapers having a 36 general circulation within such territory and also by conspicuously 37 posting such notice on the fire company's internet website. Such posting 38 and publication shall be effectuated at least 10 days prior to the date 39 of such meeting. At such meeting or any adjournment thereof, the members 40 of such corporation present shall adopt by-laws and elect officers and 41 directors to serve until the first annual meeting which shall be held on 42 a date to be fixed by the by-laws. Any member failing to comply with the 43 by-laws, rules or regulations duly adopted by such corporation shall be 44 subject to suspension and expulsion in such manner as may be provided 45 for in such by-laws. Any member, who ceases to be such, voluntarily or 46 otherwise, shall forfeit all interest in the property of such corpo- 47 ration. 48 § 6. Control and disposal of funds and property. The control and 49 disposal of the funds and property of the said corporation, the exercise 50 of its powers, and the management and control of its affairs, except as 51 hereinafter provided, shall be vested in and exercised by a board of 52 trustees which shall consist of no less than 7 members of the corpo- 53 ration, to wit: the president, the vice-president, the secretary and 54 treasurer and 3 other members having the title of trustee. Such officers 55 and directors shall be elected at the annual meeting of such corporation 56 in the manner prescribed by its by-laws.A. 7645 3 1 § 7. Precept for payment of foreign fire insurance premium taxes. Such 2 corporation shall collect and there shall be paid to it all taxes 3 imposed by section 9104 of the insurance law for fire department use and 4 benefit, upon premiums for insurance against loss or damage by fire 5 covering property protected by the East Amherst Fire Department, Inc., 6 in the county of Erie, or within any duly organized territory in which 7 the East Amherst Fire Department, Inc. is or may be obligated to render 8 fire protection. The officer of said corporation designated by its 9 by-laws to collect and receive the aforesaid tax shall have all the 10 powers and be subject to all the provisions of the insurance law, relat- 11 ing to treasurers of fire departments. Such corporation shall also be 12 entitled to receive a share of the tax imposed by section 9105 of the 13 insurance law, based upon the business written in the territory with 14 respect to which it is entitled to collect and receive the tax under 15 section 9104 of the insurance law. Such taxes shall only be used by the 16 corporation in furtherance of its purposes as set forth in section three 17 of this act. 18 § 8. This act shall take effect immediately; provided, however, that 19 the provisions of section seven of this act shall apply to taxes due on 20 premiums received on and after January 1, 2022.
