Bill Text: NY S02979 | 2019-2020 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2979--A Cal. No. 207 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07051-03-9S. 2979--A 2 1 rendered service in the Huntington Manor Volunteer Fire Department, 2 Inc., shall be eligible for membership in the corporation created by 3 this act, except that any firefighter who has been removed for cause, 4 expelled or dropped from the rolls of the Huntington Manor Volunteer 5 Fire Department, Inc., and who has not been reinstated therein, shall 6 not be eligible for membership in such corporation. The membership of 7 any person in such corporation shall terminate upon the withdrawal of 8 such person as an active volunteer member of the Huntington Manor Volun- 9 teer Fire Department, Inc. prior to the actual performance by such 10 person of five years service as an active volunteer member of the Hunt- 11 ington Manor Volunteer Fire Department, Inc. paid firefighters, if any, 12 of the Huntington Manor Volunteer Fire Department, Inc., shall not be 13 eligible for membership in the corporation. 14 § 3. Purposes. The purposes of the corporation created by this act 15 are: to provide relief, aid and assistance to the volunteer members of 16 such corporation who are indigent, disabled or injured in the perform- 17 ance of their duties, and their families; to maintain a suitable head- 18 quarters for the members of such corporation; to promote and safeguard 19 the welfare of the volunteer members of the corporation, and their fami- 20 lies; to provide for the health and safety of the volunteer members of 21 the corporation; and to enhance the morale of the volunteer members of 22 the corporation by providing social and recreational activities for the 23 volunteer members of the corporation, and the promotion of the volunteer 24 fire service within the territory protected by such Huntington Manor 25 Volunteer Fire Department, Inc. 26 § 4. Powers and duties. Such corporation shall have all the powers of 27 a not-for-profit corporation, and the provisions of law relating to 28 not-for-profit corporations shall apply to such corporation except where 29 they conflict with the provisions of this act. However, unless the writ- 30 ten approval of the applicable governmental agency or department shall 31 have first been obtained such corporation shall not establish and main- 32 tain any home or institution which, if separately incorporated, would 33 require the approval of such department. 34 § 5. Organization meeting; by-laws. The secretary of the Huntington 35 Manor Volunteer Fire Department, Inc. shall call a meeting for the 36 organization of such corporation to be held not later than 60 days after 37 this act takes effect, notice of which shall be given by the secretary 38 by posting or causing to be posted a notice thereof in five conspicuous 39 places within the territory protected by the Huntington Manor Volunteer 40 Fire Department, Inc. and also by publication of notice thereof in one 41 or more newspapers having a general circulation within such territory, 42 and such posting and publication shall be effected at least 10 days 43 prior to the date of such meeting. At such meeting or any adjournment 44 thereof, the members of such corporation present shall adopt by-laws and 45 elect officers and directors to serve until the first annual meeting 46 which shall be held on a date to be fixed by the by-laws. Any member 47 failing to comply with the by-laws, rules or regulations duly adopted by 48 such corporation shall be subject to suspension and expulsion in such 49 manner as may be provided for in such by-laws. Any member, who ceases to 50 be such, voluntarily or otherwise, shall forfeit all interest in the 51 property of such corporation. 52 § 6. Control and disposal of funds and property. The control and 53 disposal of the funds and property of the said corporation, the exercise 54 of its powers, and the management and control of its affairs, except as 55 hereinafter provided, shall be vested in and exercised by a board of 56 trustees which shall consist of no less than 7 members of the corpo-S. 2979--A 3 1 ration, to wit: the president, the vice-president, the secretary and 2 treasurer and three other members having the title of trustee. Such 3 officers and trustees shall be elected at the annual meeting of such 4 corporation in the manner prescribed by its by-laws. 5 § 7. Precept for payment of foreign fire insurance premium taxes. Such 6 corporation shall collect and there shall be paid to it all taxes 7 imposed by section 9104 of the insurance law for fire department use and 8 benefit, upon premiums for insurance against loss or damage by fire 9 covering property situated in the Huntington Manor Fire District, in the 10 county of Suffolk, or within any duly organized territory in which the 11 Huntington Manor Volunteer Fire Department is or may be obligated to 12 render fire protection. The officer of said corporation designated by 13 its by-laws to collect and receive the aforesaid tax shall have all the 14 powers and be subject to all the provisions of the insurance law, relat- 15 ing to treasurers of fire departments. Such corporation shall also be 16 entitled to receive a share of the tax imposed by section 9105 of the 17 insurance law, based upon the business written in the territory with 18 respect to which it is entitled to collect and receive the tax under 19 section 9104 of the insurance law. Such taxes shall only be used by the 20 corporation in furtherance of its purposes as set forth by section three 21 of this act. 22 § 8. This act shall take effect immediately; provided, however, that 23 the provisions of section seven of this act shall apply to taxes due on 24 premiums received on and after January 1, 2020.
