Bill Text: NY S02979 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Authorizes the incorporation of the "Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-11-20 - SIGNED CHAP.514 [S02979 Detail]

Download: New_York-2019-S02979-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2979
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
                                       ___________
        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to incorporate  the  Volunteer  Exempt  Firefighter's  Benevolent
          Association  of  Huntington  Manor  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  Huntington  Manor"  is  hereby  created.  It  shall  be composed of such
     4  persons eligible to membership therein as hereinafter provided and shall
     5  (a) notify the secretary of the Huntington Manor Volunteer Fire  Depart-
     6  ment,  Inc., a volunteer fire company, in writing prior to the organiza-
     7  tion meeting hereinafter provided for of the corporation created by this
     8  act 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) shall notify the  secretary  of
    11  the corporation hereby created in writing within sixty days after his or
    12  her  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  Huntington
    17  Manor  Fire  District in the county of Suffolk, 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 fire department of  the  Huntington  Manor  Fire
    21  District, shall be eligible for membership in the corporation created by
    22  this  act,  except  that any firefighter who has been removed for cause,
    23  expelled or dropped from the rolls of the fire department of  the  Hunt-
    24  ington  Manor  Fire  District,  and who has not been reinstated therein,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07051-01-9
        S. 2979                             2
     1  shall not be eligible for membership in such corporation. The membership
     2  of any person in such corporation shall terminate upon the withdrawal of
     3  such person as an active volunteer member of the fire department of  the
     4  Huntington  Manor  Fire District prior to the actual performance by such
     5  person of five years service as an active volunteer member of  the  fire
     6  department  of  the Huntington Manor Fire District paid firefighters, if
     7  any, of the Huntington Manor Fire District, shall not  be  eligible  for
     8  membership in 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 disabled or injured in the performance of their
    12  duties,  and their families; to maintain a suitable headquarters for the
    13  members of such corporation; to promote and safeguard the welfare of the
    14  volunteer members of the corporation, and their families; to provide for
    15  the health and safety of the volunteer members of the  corporation;  and
    16  to  enhance  the  morale  of the volunteer members of the corporation by
    17  providing social and recreational activities for the  volunteer  members
    18  of  the  corporation,  and  the  promotion of the volunteer fire service
    19  within the territory protected by such fire department of the Huntington
    20  Manor Fire District.
    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 department of social services shall have first  been
    26  obtained  such  corporation shall not establish and maintain any home or
    27  institution  which,  if  separately  incorporated,  would  require   the
    28  approval of such department.
    29    §  5.  Organization  meeting; by-laws. The secretary of the Huntington
    30  Manor Fire District 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 Huntington Manor Fire District  and  also
    35  by  publication  of  notice  thereof  in one or more newspapers having a
    36  general circulation within such territory, and such posting and publica-
    37  tion shall be effected at least 10 days prior to the date of such  meet-
    38  ing.  At  such  meeting  or any adjournment thereof, the members of such
    39  corporation present shall adopt by-laws and elect officers and directors
    40  to serve until the first annual meeting which shall be held on a date to
    41  be fixed by the by-laws.  Any member failing to comply with the by-laws,
    42  rules or regulations duly adopted by such corporation shall  be  subject
    43  to  suspension  and  expulsion  in such manner as may be provided for in
    44  such by-laws. Any member, who ceases to be such, voluntarily  or  other-
    45  wise, shall forfeit all interest in the property of such corporation.
    46    §  6.  Control  and  disposal  of  funds and property. The control and
    47  disposal of the funds and property of the said corporation, the exercise
    48  of its powers, and the management and control of its affairs, except  as
    49  hereinafter  provided,  shall  be  vested in and exercised by a board of
    50  trustees which shall consist of no less than 7  members  of  the  corpo-
    51  ration,  to  wit:  the  president, the vice-president, the secretary and
    52  treasurer and three other members having  the  title  of  trustee.  Such
    53  officers  and  trustees  shall  be elected at the annual meeting of such
    54  corporation in the manner prescribed by its by-laws.
    55    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    56  corporation shall collect and there  shall  be  paid  to  it  all  taxes
        S. 2979                             3
     1  imposed  by  article 91 of the insurance law for fire department use and
     2  benefit, upon premiums for insurance against  loss  or  damage  by  fire
     3  covering property situated in the Huntington Manor Fire District, in the
     4  county  of  Suffolk, or within any duly organized territory in which the
     5  Huntington Manor Volunteer Fire Department is or  may  be  obligated  to
     6  render  fire  protection.  The officer of said corporation designated by
     7  its by-laws to collect and receive the aforesaid tax shall have all  the
     8  powers and be subject to all the provisions of the insurance law, relat-
     9  ing  to  treasurers  of fire departments. Such corporation shall also be
    10  entitled to receive a share of the tax imposed  by  article  91  of  the
    11  insurance  law,  based  upon  the business written in the territory with
    12  respect to which it is entitled to collect and  receive  the  tax  under
    13  article 91 of the insurance law. Paid firefighters, if any, of the Hunt-
    14  ington  Manor  Fire District shall not be eligible for membership in the
    15  corporation and shall not be entitled to receipt of  the  funds  of  the
    16  corporation or from article 91 of the insurance law.
    17    §  8.  This act shall take effect immediately; provided, however, that
    18  the provisions of section seven of this act shall apply to taxes due  on
    19  premiums received on and after January 1, 2019.