Bill Text: NY A04742 | 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 [A04742 Detail]

Download: New_York-2019-A04742-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4742--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 5, 2019
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Local Governments -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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  Huntington  Manor Volunteer Fire Department,
    21  Inc., 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  Huntington  Manor  Volunteer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07051-02-9

        A. 4742--A                          2

     1  Fire  Department,  Inc.,  and who has not been reinstated therein, shall
     2  not be eligible for membership in such corporation.  The  membership  of
     3  any  person  in  such corporation shall terminate upon the withdrawal of
     4  such person as an active volunteer member of the Huntington Manor Volun-
     5  teer  Fire  Department,  Inc.    prior to the actual performance by such
     6  person of five years service as an active volunteer member of the  Hunt-
     7  ington Manor Volunteer Fire Department, Inc.  paid firefighters, if any,
     8  of  the  Huntington  Manor Volunteer Fire Department, Inc., shall not be
     9  eligible for membership in the corporation.
    10    § 3. Purposes. The purposes of the corporation  created  by  this  act
    11  are:   to provide relief, aid and assistance to the volunteer members of
    12  such corporation who are indigent, disabled or injured in  the  perform-
    13  ance  of  their duties, and their families; to maintain a suitable head-
    14  quarters for the members of such corporation; to promote  and  safeguard
    15  the welfare of the volunteer members of the corporation, and their fami-
    16  lies;  to  provide for the health and safety of the volunteer members of
    17  the corporation; and to enhance the morale of the volunteer  members  of
    18  the  corporation by providing social and recreational activities for the
    19  volunteer members of the corporation, and the promotion of the volunteer
    20  fire service within the territory protected  by  such  Huntington  Manor
    21  Volunteer Fire Department, Inc.
    22    §  4. Powers and duties. Such corporation shall have all the powers of
    23  a not-for-profit corporation, and the  provisions  of  law  relating  to
    24  not-for-profit corporations shall apply to such corporation except where
    25  they conflict with the provisions of this act. However, unless the writ-
    26  ten  approval  of the applicable governmental agency or department shall
    27  have first been obtained such corporation shall not establish and  main-
    28  tain  any  home  or institution which, if separately incorporated, would
    29  require the approval of such department.
    30    § 5. Organization meeting; by-laws. The secretary  of  the  Huntington
    31  Manor  Volunteer  Fire  Department,  Inc.   shall call a meeting for the
    32  organization of such corporation to be held not later than 60 days after
    33  this act takes effect, notice of which shall be given by  the  secretary
    34  by  posting or causing to be posted a notice thereof in five conspicuous
    35  places within the territory protected by the Huntington Manor  Volunteer
    36  Fire  Department, Inc.  and also by publication of notice thereof in one
    37  or more newspapers having a general circulation within  such  territory,
    38  and  such  posting  and  publication  shall be effected at least 10 days
    39  prior to the date of such meeting. At such meeting  or  any  adjournment
    40  thereof, the members of such corporation present shall adopt by-laws and
    41  elect  officers  and  directors  to serve until the first annual meeting
    42  which shall be held on a date to be fixed by the by-laws.    Any  member
    43  failing to comply with the by-laws, rules or regulations duly adopted by
    44  such  corporation  shall  be subject to suspension and expulsion in such
    45  manner as may be provided for in such by-laws. Any member, who ceases to
    46  be such, voluntarily or otherwise, shall forfeit  all  interest  in  the
    47  property of such corporation.
    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 three other members having  the  title  of  trustee.  Such
    55  officers  and  trustees  shall  be elected at the annual meeting of such
    56  corporation in the manner prescribed by its by-laws.

        A. 4742--A                          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 situated in the Huntington Manor Fire District, in the
     6  county  of  Suffolk, or within any duly organized territory in which the
     7  Huntington Manor Volunteer Fire Department is or  may  be  obligated  to
     8  render  fire  protection.  The officer of said corporation designated by
     9  its 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 by 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, 2020.
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