Bill Text: NY A09988 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the establishment of the "Volunteer Exempt Firefighter's Benevolent Association of Whitehall, New York".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - substituted by s7868a [A09988 Detail]

Download: New_York-2017-A09988-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9988
                   IN ASSEMBLY
                                      March 7, 2018
                                       ___________
        Introduced  by  M. of A. STEC -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN ACT to incorporate  the  Volunteer  Exempt  Firefighter's  Benevolent
          Association  of  Whitehall,  New York 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 "Volunteer Exempt Firefighter's  Benevolent  Association  of
     3  Whitehall,  New  York"  is  hereby created. It shall be composed of such
     4  persons eligible to membership therein as shall be provided pursuant  to
     5  the  provisions  of  this  act and shall (a) notify the secretary of the
     6  Whitehall Volunteer Fire Company, Inc., a  volunteer  fire  company,  in
     7  writing  prior  to the organization meeting provided for in section five
     8  of this act of their desire to become members of  such  corporation,  or
     9  (b)  attend  such  meeting  or  an adjournment thereof and signify their
    10  intention of becoming members of such corporation at  such  meeting,  or
    11  (c) notify the secretary of the corporation created by this act in writ-
    12  ing  within  sixty  days  after  his  or her election of their desire to
    13  become members thereof, and also such persons so eligible as may  there-
    14  after become members of such corporation 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 Whitehall
    17  Volunteer Fire Company, Inc. in the county of Washington, and  who  have
    18  acquired  or  shall  after  the  effective  date of this act acquire the
    19  status of exempt volunteer firefighter as defined in section 200 of  the
    20  general municipal law by virtue of having rendered service in the White-
    21  hall  Volunteer Fire Company, Inc., and all persons who are now or here-
    22  after shall be active volunteer members of the Whitehall Volunteer  Fire
    23  Company,  Inc.,  shall  be  eligible  for  membership in the corporation
    24  created by this act, except that any firefighter who  has  been  removed
    25  for cause, expelled or dropped from the rolls of the Whitehall Volunteer
    26  Fire  Company,  Inc., and who has not been reinstated therein, shall not
    27  be eligible for membership in such corporation. The  membership  of  any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14804-01-8
        A. 9988                             2
     1  person  in  such corporation shall terminate upon the withdrawal of such
     2  person as an active volunteer member of  the  Whitehall  Volunteer  Fire
     3  Company,  Inc.  prior  to  the actual performance by such person of five
     4  years  service  as an active volunteer member of the Whitehall Volunteer
     5  Fire Company, Inc. Paid firefighters, if any, of the Whitehall Volunteer
     6  Fire Company, Inc., shall not be eligible for membership in  the  corpo-
     7  ration.
     8    §  3.  Purposes.  The  purposes of the corporation created by this act
     9  are:  to provide relief, aid and assistance to the volunteer members  of
    10  such corporation who are disabled or injured in the performance of their
    11  duties,  and their families; to promote and safeguard the welfare of the
    12  volunteer members of the corporation, and their families; to provide for
    13  the health and safety of the volunteer members of the  corporation;  and
    14  to  enhance  the  morale  of the volunteer members of the corporation by
    15  providing social and recreational activities for the  volunteer  members
    16  of  the  corporation,  and  the  promotion of the volunteer fire service
    17  within the territory protected by the Whitehall Volunteer Fire  Company,
    18  Inc.
    19    §  4. Powers and duties. Such corporation shall have all the powers of
    20  a not-for-profit corporation, and the  provisions  of  law  relating  to
    21  not-for-profit corporations shall apply to such corporation except where
    22  they conflict with the provisions of this act. However, unless the writ-
    23  ten  approval of the department of health shall have first been obtained
    24  such corporation shall not establish and maintain any home  or  institu-
    25  tion  which,  if  separately incorporated, would require the approval of
    26  such department.
    27    § 5. Organization meeting; by-laws. The  secretary  of  the  Whitehall
    28  Volunteer  Fire  Company, Inc. shall call a meeting for the organization
    29  of such corporation to be held not later than 60  days  after  this  act
    30  takes effect, notice of which shall be given by the secretary by posting
    31  or  causing  to  be  posted  a notice thereof in five conspicuous places
    32  within the territory protected by the Whitehall Volunteer Fire  Company,
    33  Inc. and also by publication of notice thereof in one or more newspapers
    34  having a general circulation within such territory, and such posting and
    35  publication shall be effected at least 10 days prior to the date of such
    36  meeting. At such meeting or any adjournment thereof, the members of such
    37  corporation present shall adopt by-laws and elect officers and directors
    38  to serve until the first annual meeting which shall be held on a date to
    39  be fixed by the by-laws.  Any member failing to comply with the by-laws,
    40  rules  or  regulations duly adopted by such corporation shall be subject
    41  to suspension and expulsion in such manner as may  be  provided  for  in
    42  such  by-laws.  Any member, who ceases to be such, voluntarily or other-
    43  wise, shall forfeit all interest in the property of such corporation.
    44    § 6. Control and disposal of  funds  and  property.  The  control  and
    45  disposal of the funds and property of the said corporation, the exercise
    46  of  its powers, and the management and control of its affairs, except as
    47  otherwise provided in this act, shall be vested in and  exercised  by  a
    48  board  of  trustees which shall consist of no less than 7 members of the
    49  corporation, to wit: the president, the  vice-president,  the  secretary
    50  and  treasurer and three other members having the title of trustee. Such
    51  officers and directors shall be elected at the annual  meeting  of  such
    52  corporation in the manner prescribed by its by-laws.
    53    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    54  corporation  shall  collect  and  there  shall  be  paid to it all taxes
    55  imposed by article 91 of the insurance law for fire department  use  and
    56  benefit,  upon  premiums  for  insurance  against loss or damage by fire
        A. 9988                             3
     1  covering property situated in the Whitehall fire protection district, in
     2  the town of Whitehall and county  of  Washington,  or  within  any  duly
     3  organized  territory in which the Whitehall Volunteer Fire Company, Inc.
     4  is  or  may  be obligated to render fire protection. The officer of said
     5  corporation designated by its by-laws to collect and receive the  afore-
     6  said  tax shall have all the powers and be subject to all the provisions
     7  of the insurance law, relating to treasurers of fire  departments.  Such
     8  corporation shall also be entitled to receive a share of the tax imposed
     9  be  article  91 of the insurance law, based upon the business written in
    10  the territory with respect to  which  it  is  entitled  to  collect  and
    11  receive  the tax under article 91 of the insurance law. Such taxes shall
    12  only be used for the care and relief of disabled or  indigent  volunteer
    13  and exempt volunteer firefighters and their families.
    14    §  8.  This act shall take effect immediately; provided, however, that
    15  the provisions of section seven of this act shall apply to taxes due  on
    16  premiums received on and after January 1, 2019.