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S06289 Summary:

S06289 Actions:

S06289 Committee Votes:

S06289 Floor Votes:

S06289 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6289
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     April 11, 2023
                                       ___________
 
        Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to incorporate the Salem  Volunteer  Fire  Department  Benevolent
          Association, 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 the "Salem Volunteer Fire Department Benevolent Association"
     3  is  hereby  created.  It  shall  be composed of such persons eligible to
     4  membership therein as shall be provided pursuant to  the  provisions  of
     5  this  act and shall (a) notify the secretary of the Salem Volunteer Fire
     6  Department, Inc., a volunteer fire company,  in  writing  prior  to  the
     7  organization meeting hereinafter provided for of the corporation created
     8  by  this act of their desire to become members, or (b) attend such meet-
     9  ing or an adjournment thereof and signify their  intention  of  becoming
    10  members of such corporation at such meeting, or (c) notify the secretary
    11  of the corporation hereby created in writing within sixty days after his
    12  or 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 Salem Volun-
    17  teer  Fire  Department,  Inc.  in the county of Washington, 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 Salem Volunteer Fire Department, Inc.,
    21  and all persons who are now  or  hereafter  shall  be  active  volunteer
    22  members  of the Salem Volunteer Fire Department, Inc., shall be eligible
    23  for membership in the corporation created by this act, except  that  any
    24  firefighter who has been removed for cause, expelled or dropped from the
    25  rolls of the Salem Volunteer Fire Department, Inc., and who has not been
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10769-01-3
        S. 6289                             2
 
     1  reinstated  therein, shall not be eligible for membership in such corpo-
     2  ration. The membership of any person in such corporation shall terminate
     3  upon the withdrawal of such person as an active volunteer member of  the
     4  Salem Volunteer Fire Department, Inc. prior to the actual performance by
     5  such  person of five years' service as an active volunteer member of the
     6  Salem Volunteer Fire Department, Inc. Paid firefighters, if any, in  the
     7  Salem Volunteer Fire Department, Inc., shall not be eligible for member-
     8  ship 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 indigent or disabled or injured in the perform-
    12  ance  of  their duties, and their families; to maintain a suitable head-
    13  quarters for the members of the corporation; to  promote  and  safeguard
    14  the welfare of the volunteer members of the corporation, and their fami-
    15  lies;  to  provide for the health and safety of the volunteer members of
    16  the corporation; and to enhance the morale of the volunteer  members  of
    17  the  corporation by providing social and recreational activities for the
    18  volunteer members of the corporation, and the promotion of the volunteer
    19  fire service within the territory protected by the Salem Volunteer  Fire
    20  Department, 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 entity 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 entity.
    29    §  5. Organization meeting; by-laws. The secretary of the Salem Volun-
    30  teer Fire Department, Inc. shall call a meeting for the organization  of
    31  such  corporation  to  be  held not later than sixty days after this act
    32  takes effect, notice of which shall be given be the secretary by posting
    33  or causing to be posted a notice  thereof  in  five  conspicuous  places
    34  within  the  territory protected by the Salem Volunteer Fire Department,
    35  Inc. and also by publication of notice thereof in one or more newspapers
    36  having a general circulation within such territory and also by conspicu-
    37  ously posting such notice on the fire company's internet  website.  Such
    38  posting  and publication shall be effectuated at least ten days prior to
    39  the date of such meeting. At such meeting or  any  adjournment  thereof,
    40  the  members  of  such corporation present shall adopt by-laws and elect
    41  officers and directors to serve until the  first  annual  meeting  which
    42  shall  be  held on a date to be fixed by the by-laws. Any member failing
    43  to comply with the by-laws, rules or regulations duly  adopted  by  such
    44  corporation  shall be subject to suspension and expulsion in such manner
    45  as may be provided for in such by-laws. Any  members  who  cease  to  be
    46  such,  voluntarily or otherwise, shall forfeit all interest in the prop-
    47  erty of such corporation.
    48    § 6. Control and disposal of  funds  and  property.  The  control  and
    49  disposal  of the funds and property of said corporation, the exercise of
    50  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 seven 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.
        S. 6289                             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  protected  by  the  Salem Volunteer Fire Department,
     6  Inc., in the county of Washington, or within any duly organized territo-
     7  ry in which the Salem Volunteer Fire Department, Inc. is or may be obli-
     8  gated to render fire protection. The officer of said corporation  desig-
     9  nated by its by-laws to collect and receive the aforesaid tax shall have
    10  all  the  powers  and  be subject to all the provisions of the insurance
    11  law, relating to treasurers of fire departments. Such corporation  shall
    12  also  be  entitled to receive a share of the tax imposed by section 9105
    13  of the insurance law, based upon the business written in  the  territory
    14  with  respect  to  which  it  is entitled to collect and receive the tax
    15  under section 9104 of the insurance law. Such taxes shall only  be  used
    16  by  the  corporation  in  furtherance  of  its  purposes as set forth in
    17  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, 2024.