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S07191 Summary:

S07191 Actions:

S07191 Floor Votes:

S07191 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7191
 
                    IN SENATE
 
                                       May 1, 2012
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Local Government
 
        AN ACT to incorporate the Main-Transit  Volunteer  Exempt  Firefighter's
          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  "Main-Transit  Volunteer  Exempt Firefighter's Benevolent
     3  Association" is hereby created. It shall be  composed  of  such  persons
     4  eligible  to  membership  therein  as hereinafter provided and shall (a)
     5  notify the secretary of Main-Transit Fire Department, a  volunteer  fire
     6  company,  in  writing  prior  to  the  organization  meeting hereinafter
     7  provided for of the corporation created by this act of their  desire  to
     8  become members, or (b) shall attend such meeting or an adjournment ther-
     9  eof,  and also such persons so eligible as may thereafter become members
    10  of such corporation pursuant to its by-laws.
    11    § 2. Persons eligible to membership. All persons who are now, or  have
    12  been, or hereafter shall be active volunteer members of the Main-Transit

    13  Fire  Department  in  the  town  of Amherst, county of Erie, or any fire
    14  corporation in the Main-Transit Fire Department fire protection district
    15  in such town and who have acquired or shall hereafter acquire the status
    16  of exempt volunteer firefighter as defined in section 200 of the general
    17  municipal law by virtue of having rendered service in  the  Main-Transit
    18  Fire  Department,  or  in  a  fire  corporation in the Main-Transit Fire
    19  Department fire protection district, and all  persons  who  are  now  or
    20  hereafter  shall  be  active  volunteer members of the Main-Transit Fire
    21  Department, shall be eligible for membership in the association  created
    22  by this act, except that any firefighter who has been removed for cause,
    23  expelled  or  dropped from the rolls of any fire company or fire depart-
    24  ment, and who has not been reinstated therein, shall not be eligible for

    25  membership in such corporation. The membership of  any  person  in  such
    26  corporation  shall terminate when his/her membership as an active volun-
    27  teer member of the Main-Transit Fire Department shall  terminate  before
    28  such  person  shall  have  acquired the status of exempt volunteer fire-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13520-02-1
        S. 7191                             2
 
     1  fighter as defined by section 200 of the general municipal law by virtue
     2  of having rendered service in the Main-Transit Fire Department.
     3    §  3.  Purposes. The purposes of such corporation shall be the mainte-
     4  nance of suitable headquarters  for,  and  the  promotion  of  fraternal

     5  intercourse  among the members of such corporation, the relief, aid, and
     6  assistance of volunteer firefighters and their families who are disabled
     7  or indigent, and the promotion of the  welfare  of  the  volunteer  fire
     8  service.
     9    §  4. Powers and duties. Such corporation shall have all the powers of
    10  a not-for-profit corporation, and the  provisions  of  law  relating  to
    11  not-for-profit corporations shall apply to such corporation except where
    12  they conflict with the provisions of this act. However, unless the writ-
    13  ten  approval  of the state board of social welfare, created pursuant to
    14  article 26-B of the executive law, shall have first been  obtained  this
    15  corporation  shall  not  establish and maintain any home or institution,
    16  which, if separately incorporated, would require the  approval  of  such
    17  board.

    18    §  5. Organization meeting; by-laws. The secretary of the Main-Transit
    19  Fire Department shall call a meeting for the organization of such corpo-
    20  ration to be held not later than  three  months  after  this  act  takes
    21  effect, notice of which shall be given by posting or causing to be post-
    22  ed  a  notice  thereof  in  five conspicuous places within the territory
    23  protected by the Main-Transit Fire Department and also by publication of
    24  notice thereof in one or more newspapers having  a  general  circulation
    25  within  such  territory,  and  such  posting  and  publication  shall be
    26  effected at least ten days prior to the date of such  meeting.  At  such
    27  meeting  or  any  adjournment  thereof,  the members of such corporation
    28  present shall adopt by-laws and elect officers  and  trustees  to  serve
    29  until the first annual meeting which shall be held on a date to be fixed

    30  by  the by-laws. Any member failing to comply with the by-laws, rules or
    31  regulations duly adopted by such corporation shall be subject to suspen-
    32  sion and expulsion in such  manner  as  may  be  provided  for  in  such
    33  by-laws.  Any  member,  who ceases to be such, voluntarily or otherwise,
    34  shall forfeit all interest in the property of such corporation.
    35    § 6. Control and disposal of  funds  and  property.  The  control  and
    36  disposal of the funds and property of the said corporation, the exercise
    37  of  its  powers,  and the management and control of its affairs shall be
    38  vested in and exercised by a board of trustees which  shall  consist  of
    39  the following seven members of such corporation: the president, the vice
    40  president,  the  secretary, the treasurer and three other members having
    41  the title of trustee. Such officers and trustees shall be elected at the

    42  annual meeting of such corporation  in  the  manner  prescribed  by  its
    43  by-laws.
    44    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    45  corporation  shall  collect  and  there  shall  be  paid to it all taxes
    46  imposed by article 91 of the insurance law for fire department  use  and
    47  benefit,  upon  premiums  for  insurance  against loss or damage by fire
    48  covering property situated in  the  Main-Transit  Fire  Department  fire
    49  protection  district,  in the town of Amherst, county of Erie, or within
    50  any duly organized territory in which the Main-Transit  Fire  Department
    51  is  or  may  be obligated to render fire protection. The officer of said
    52  corporation designated by its by-laws to collect and receive the  afore-
    53  said  tax shall have all the powers and be subject to all the provisions
    54  of the insurance law, relating to treasurers of fire  departments.  Such

    55  corporation shall also be entitled to receive a share of the tax imposed
    56  by  article  91 of the insurance law, based upon the business written in
        S. 7191                             3
 
     1  the territory with respect to  which  it  is  entitled  to  collect  and
     2  receive  the tax under article 91 of the insurance law. Such taxes shall
     3  only be used for the care and relief of disabled or  indigent  volunteer
     4  and exempt volunteer firefighters and their families.
     5    §  8.  This  act shall take effect immediately; provided, however, the
     6  provisions of section seven of this act shall  apply  to  taxes  due  on
     7  premiums received after January 1, 2012.