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A08774 Summary:

BILL NOA08774A
 
SAME ASSAME AS S08306-A
 
SPONSORBologna
 
COSPNSR
 
MLTSPNSR
 
Amd §§1, 2, 3, 4 & 7, Chap 978 of 1966
 
Updates the South Lockport Volunteer Exempt Firemen's Benevolent Association's charter; amends the purposes of such organization and the permitted uses of certain insurance premium taxes collected.
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A08774 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8774--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
          tee on  Local  Governments  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT to amend chapter 978 of the laws of 1966 relating to incorporat-
          ing the South Lockport Volunteer Firemen's Benevolent Association, and
          providing for its powers and duties, in relation to amendments to such
          association's charter
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Sections  1,  2, 3, 4 and 7 of chapter 978 of the laws of
     2  1966 relating to incorporating the South  Lockport  Volunteer  Firemen's
     3  Benevolent  Association,  and  providing  for its powers and duties, are
     4  amended to read as follows:
     5    Section 1. Incorporation; membership.  A  [membership]  not-for-profit
     6  corporation  by the name of "South Lockport Volunteer Exempt [Firemen's]
     7  Firefighters' Benevolent Association" is hereby  created.  It  shall  be
     8  composed  of  such persons eligible to membership therein as hereinafter
     9  provided as shall (a) notify the secretary of the  South  Lockport  Fire
    10  Company,  Incorporated  in  writing prior to the organization meeting of
    11  such corporation hereinafter provided of their desire to become members,
    12  or (b) shall attend such meeting or an  adjournment  thereof,  and  also
    13  such  persons  so  eligible  as  may become members of such corporation,
    14  pursuant to its by-laws.
    15    § 2. Persons eligible to membership. All persons who are now, or  have
    16  been,  or who hereafter shall be volunteer members of the South Lockport
    17  Fire Company, Incorporated, and all persons resident  in  the  territory
    18  provided with fire protection by contract with such fire company who are
    19  exempt  volunteer  [firemen]  firefighters  as  defined  by  section two
    20  hundred of the general municipal law, shall be eligible to membership in
    21  the corporation hereby created; provided that any person  who  has  been
    22  expelled  or  removed  for  cause from membership in any fire company or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13269-03-5

        A. 8774--A                          2
 
     1  department shall not be eligible  to  membership  in  such  corporation.
     2  Whenever  a member who is not an exempt [firemen] firefighter as defined
     3  by section two hundred of the general municipal law shall move from such
     4  territory  in  which  fire protection is provided as aforesaid or if the
     5  territory in which a member resides shall no  longer  be  provided  with
     6  such  fire  protection, [his] their membership in such corporation shall
     7  cease.
     8    § 3. Purposes. The purposes of [such corporation shall be the  mainte-
     9  nance  of  suitable  headquarters  for,  and  the promotion of fraternal
    10  intercourse among the members of such corporation, the relief,  aid  and
    11  assistance of such members' and their families who are disabled or indi-
    12  gent,  and  the  promotion  of the welfare of the volunteer fire service
    13  within the territory provided with fire protection by contract with such
    14  fire company] the corporation created by this act shall be:  to  provide
    15  relief,  aid and assistance to the volunteer members of such corporation
    16  who are indigent, disabled  or  injured  in  the  performance  of  their
    17  duties,  and their families; to maintain a suitable headquarters for the
    18  volunteer members of such corporation, and their  families;  to  promote
    19  and  safeguard  the  welfare of the volunteer members of the corporation
    20  and their families; to provide for the health and safety of  the  volun-
    21  teer  members of the corporation; to enhance the morale of the volunteer
    22  members of the corporation by providing social and  recreational  activ-
    23  ities  for  the volunteer members of the corporation; and to promote the
    24  volunteer fire service within the territory protected by the South Lock-
    25  port Fire Company, Incorporated.
    26    § 4. Powers and duties. Such corporation shall have all of the  powers
    27  of  a [membership] not-for-profit corporation, and the provisions of law
    28  relating to [membership] not-for-profit corporations shall apply to such
    29  corporation except where they conflict with the provisions of this  act.
    30  However,  unless  the  written  approval  of  the  state board of social
    31  welfare shall have first been obtained this corporation shall not estab-
    32  lish and maintain any home or institution which, if separately  incorpo-
    33  rated, would require the approval of such board.
    34    §  7.  Precept for payment of foreign fire insurance premium taxes. a.
    35  Such corporation shall collect and there shall be paid to it  all  taxes
    36  imposed  by section [five hundred fifty-three] nine thousand one hundred
    37  four of the insurance law for fire  department  use  and  benefit,  upon
    38  premiums  for insurance against loss or damage by fire covering property
    39  situated within the Town of Lockport Fire Protection  District,  Niagara
    40  county,  New  York  or  within any duly organized territory in which the
    41  South Lockport Fire Company, Incorporated is  or  may  be  obligated  to
    42  render fire protection pursuant to contract.
    43    b.  The  officer  of  said  corporation  designated  by its by-laws to
    44  collect and receive the aforesaid tax shall have all the powers  and  be
    45  subject to all the provisions of the insurance law, relating to treasur-
    46  ers of fire departments.
    47    c.  Such  corporation shall also be entitled to receive a share of the
    48  tax imposed by section  [five  hundred  fifty-four]  nine  thousand  one
    49  hundred  five  of  the insurance law, based upon the business written in
    50  the territory with respect to  which  it  is  entitled  to  collect  and
    51  receive  the  tax under section [five hundred fifty-three] nine thousand
    52  one hundred four of the insurance law.
    53    d. Such taxes shall only be used [for the care and relief of  disabled
    54  or  indigent  volunteer and exempt volunteer firemen and their families]
    55  by the corporation in furtherance  of  its  purposes  as  set  forth  in
    56  section three of this act.

        A. 8774--A                          3
 
     1    §  2.  This  act shall take effect immediately; provided however, that
     2  the amendments to section 7 of chapter 978 of the laws of 1966  made  by
     3  section one of this act shall apply to taxes due on premiums received on
     4  and after January 1, 2026.
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