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S08306 Summary:

BILL NOS08306A
 
SAME ASSAME AS A08774-A
 
SPONSORORTT
 
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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S08306 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8306--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 30, 2025
                                       ___________
 
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13269-02-5

        S. 8306--A                          2
 
     1  expelled or removed for cause from membership in  any  fire  company  or
     2  department  shall  not  be  eligible  to membership in such corporation.
     3  Whenever a member who is not an exempt [firemen] firefighter as  defined
     4  by section two hundred of the general municipal law shall move from such
     5  territory  in  which  fire protection is provided as aforesaid or if the
     6  territory in which a member resides shall no  longer  be  provided  with
     7  such  fire  protection, [his] their membership in such corporation shall
     8  cease.
     9    § 3. Purposes. The purposes of [such corporation shall be the  mainte-
    10  nance  of  suitable  headquarters  for,  and  the promotion of fraternal
    11  intercourse among the members of such corporation, the relief,  aid  and
    12  assistance of such members' and their families who are disabled or indi-
    13  gent,  and  the  promotion  of the welfare of the volunteer fire service
    14  within the territory provided with fire protection by contract with such
    15  fire company] the corporation created by this act shall be:  to  provide
    16  relief,  aid and assistance to the volunteer members of such corporation
    17  who are indigent, disabled  or  injured  in  the  performance  of  their
    18  duties,  and their families; to maintain a suitable headquarters for the
    19  volunteer members of such corporation, and their  families;  to  promote
    20  and  safeguard  the  welfare of the volunteer members of the corporation
    21  and their families; to provide for the health and safety of  the  volun-
    22  teer  members of the corporation; to enhance the morale of the volunteer
    23  members of the corporation by providing social and  recreational  activ-
    24  ities  for  the volunteer members of the corporation; and to promote the
    25  volunteer fire service within the territory protected by the South Lock-
    26  port Fire Company, Incorporated.
    27    § 4. Powers and duties. Such corporation shall have all of the  powers
    28  of  a [membership] not-for-profit corporation, and the provisions of law
    29  relating to [membership] not-for-profit corporations shall apply to such
    30  corporation except where they conflict with the provisions of this  act.
    31  However,  unless  the  written  approval  of  the  state board of social
    32  welfare shall have first been obtained this corporation shall not estab-
    33  lish and maintain any home or institution which, if separately  incorpo-
    34  rated, would require the approval of such board.
    35    §  7.  Precept for payment of foreign fire insurance premium taxes. a.
    36  Such corporation shall collect and there shall be paid to it  all  taxes
    37  imposed  by section [five hundred fifty-three] nine thousand one hundred
    38  four of the insurance law for fire  department  use  and  benefit,  upon
    39  premiums  for insurance against loss or damage by fire covering property
    40  situated within the Town of Lockport Fire Protection  District,  Niagara
    41  county,  New  York  or  within any duly organized territory in which the
    42  South Lockport Fire Company, Incorporated is  or  may  be  obligated  to
    43  render fire protection pursuant to contract.
    44    b.  The  officer  of  said  corporation  designated  by its by-laws to
    45  collect and receive the aforesaid tax shall have all the powers  and  be
    46  subject to all the provisions of the insurance law, relating to treasur-
    47  ers of fire departments.
    48    c.  Such  corporation shall also be entitled to receive a share of the
    49  tax imposed by section  [five  hundred  fifty-four]  nine  thousand  one
    50  hundred  five  of  the insurance law, based upon the business written in
    51  the territory with respect to  which  it  is  entitled  to  collect  and
    52  receive  the  tax under section [five hundred fifty-three] nine thousand
    53  one hundred four of the insurance law.
    54    d. Such taxes shall only be used [for the care and relief of  disabled
    55  or  indigent  volunteer and exempt volunteer firemen and their families]

        S. 8306--A                          3
 
     1  by the corporation in furtherance  of  its  purposes  as  set  forth  in
     2  section three of this act.
     3    §  2.  This  act shall take effect immediately; provided however, that
     4  the amendments to section 7 of chapter 978 of the laws of 1966  made  by
     5  section one of this act shall apply to taxes due on premiums received on
     6  and after January 1, 2026.
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