Bill Text: NY A06464 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates the not-for-profit corporation Jamison Road Fire Benevolent Association, Inc. for all persons who are now, or have been, or hereafter become active volunteers of the Jamison Road Volunteer Fire Company, Inc., in the county of Erie and who have acquired or shall hereafter acquire the status of exempt volunteer firefighter; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-10-11 - SIGNED CHAP.366 [A06464 Detail]
Download: New_York-2019-A06464-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6464 2019-2020 Regular Sessions IN ASSEMBLY March 7, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Local Governments AN ACT in relation to creating the Jamison Road Volunteer Fire Benevo- lent Association, Inc. 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 "Jamison Road Volunteer Fire Benevolent Association, 3 Inc." is hereby created. It shall be composed of such persons eligible 4 to membership therein as shall be provided pursuant to the provisions of 5 this act and shall (a) notify the secretary of the Jamison Road Volun- 6 teer Fire Company, Inc., a volunteer fire company, in writing prior to 7 the organization meeting hereinafter provided for of the corporation 8 created by this act of their desire to become members, or (b) attend 9 such meeting or an adjournment thereof and signify their intention of 10 becoming members of such corporation at such meeting, or (c) notify the 11 secretary of the corporation hereby created in writing within sixty days 12 after his or her election of their desire to become members thereof, and 13 also such persons so eligible as may thereafter become members of such 14 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 Jamison Road 17 Volunteer Fire Company, Inc. in the county of Erie, and who have 18 acquired or shall hereafter acquire the status of exempt volunteer fire- 19 fighter as defined in section 200 of the general municipal law by virtue 20 of having rendered service in the Jamison Road Volunteer Fire Company, 21 Inc., and all persons who are now or hereafter shall be active volunteer 22 members of the Jamison Road Volunteer Fire Company, Inc., shall be 23 eligible for membership in the corporation created by this act, except 24 that any firefighter who has been removed for cause, expelled or dropped 25 from the rolls of the Jamison Road Volunteer Fire Company, Inc., and who EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07944-01-9A. 6464 2 1 has not been reinstated therein, shall not be eligible for membership in 2 such corporation. The membership of any person in such corporation shall 3 terminate upon the withdrawal of such person as an active volunteer 4 member of the Jamison Road Volunteer Fire Company, Inc. prior to the 5 actual performance by such person of five years service as an active 6 volunteer member of the Jamison Road Volunteer Fire Company, Inc. Paid 7 firefighters, if any, of the Jamison Road Volunteer Fire Company, Inc., 8 shall not be eligible for 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 the Jamison Road Volunteer Fire Compa- 20 ny, 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 Jamison Road 30 Volunteer Fire Company, Inc. shall call a meeting for the organization 31 of such corporation to be held not later than 60 days after this act 32 takes effect, notice of which shall be given by the secretary by posting 33 or causing to be posted a notice thereof in five conspicuous places 34 within the territory protected by the Jamison Road Volunteer Fire Compa- 35 ny, Inc. and also by publication of notice thereof in one or more news- 36 papers having a general circulation within such territory and also by 37 conspicuously posting such notice on the fire company's internet 38 website. Such posting and publication shall be effectuated at least 10 39 days prior to the date of such meeting. At such meeting or any adjourn- 40 ment thereof, the members of such corporation present shall adopt 41 by-laws and elect officers and directors to serve until the first annual 42 meeting which shall be held on a date to be fixed by the by-laws. Any 43 member failing to comply with the by-laws, rules or regulations duly 44 adopted by such corporation shall be subject to suspension and expulsion 45 in such manner as may be provided for in such by-laws. Any member, who 46 ceases to be such, voluntarily or otherwise, shall forfeit all interest 47 in the 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 directors shall be elected at the annual meeting of such 56 corporation in the manner prescribed by its by-laws.A. 6464 3 1 § 7. Precept for payment of foreign fire insurance premium taxes. 2 Such 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 Jamison Road Volunteer Fire Company, 6 Inc., in the town of Elma, in the county of Erie, or within any duly 7 organized territory in which the Jamison Road Volunteer Fire Company, 8 Inc. is or may be obligated to render fire protection. The officer of 9 said corporation designated by its by-laws to collect and receive the 10 aforesaid tax shall have all the powers and be subject to all the 11 provisions of the insurance law, relating to treasurers of fire depart- 12 ments. Such corporation shall also be entitled to receive a share of the 13 tax imposed by section 9105 of the insurance law, based upon the busi- 14 ness written in the territory with respect to which it is entitled to 15 collect and receive the tax under section 9104 of the insurance law. 16 Such taxes shall only be used by the corporation in furtherance of its 17 purposes as set forth in section three 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.