Establishes the Clarence Center Volunteer Exempt Firefighter's Benevolent Association; provides for eligibility of membership, purpose, powers and duties, organization meeting and by-laws, the control and disposal of funds and property and the precept for payment of foreign fire insurance premium taxes.
STATE OF NEW YORK
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8953
IN SENATE
January 21, 2026
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT in relation to establishing the Clarence Center Volunteer Exempt
Firefighter's Benevolent Association
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 "Clarence Center 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 pursuant to the
5 provisions of this act and shall (a) notify the secretary of the
6 Clarence Center Volunteer Fire Company, Inc., a volunteer fire company,
7 in writing prior to the organization meeting hereinafter provided for of
8 the corporation created by this act of their desire to become members,
9 or (b) attend such meeting or an adjournment thereof and signify their
10 intention of becoming members of such corporation at such meeting, or
11 (c) notify the secretary of the corporation hereby created in writing
12 within sixty days after their election of their desire to become members
13 thereof, and also such persons so eligible as may thereafter become
14 members of such 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 Clarence
17 Center 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 Clarence Center Volunteer Fire Compa-
21 ny, Inc., and all persons who are now or hereafter shall be active
22 volunteer members of the Clarence Center Volunteer Fire Company, Inc.,
23 shall be eligible for membership in the corporation created by this act,
24 except that any firefighter who has been removed for cause, expelled or
25 dropped from the rolls of the Clarence Center Volunteer Fire Company,
26 Inc., and who has not been reinstated therein, shall not be eligible for
27 membership in such corporation. The membership of any person in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14424-01-6
S. 8953 2
1 corporation shall terminate upon the withdrawal of such person as an
2 active volunteer member of the Clarence Center Fire Volunteer Fire
3 Company, Inc., prior to the actual performance by such person of five
4 years service as an active volunteer member of Clarence Center Volunteer
5 Fire Company, Inc. Paid firefighters, if any, of the Clarence Center
6 Volunteer Fire Company, Inc., shall not be eligible for membership in
7 the corporation.
8 § 3. Purposes. The purposes of the corporation created by this act
9 are: to provide relief, aid and assistance to the volunteer members of
10 such corporation who are indigent, disabled or injured in the perform-
11 ance of their duties, and their families; to maintain a suitable head-
12 quarters for the members of the corporation; to promote and safeguard
13 the welfare of the volunteer members of the corporation, and their fami-
14 lies; to provide for the health and safety of the volunteer members of
15 the corporation; and to enhance the morale of the volunteer members of
16 the corporation by providing social and recreational activities for the
17 volunteer members of the corporation, and the promotion of the volunteer
18 fire service within the territory protected by Clarence Center Volunteer
19 Fire Company, Inc.
20 § 4. Powers and duties. Such corporation shall have all the powers of
21 a not-for-profit corporation, and the provisions of law relating to
22 not-for-profit corporations shall apply to such corporation except where
23 they conflict with the provisions of this act. However, unless the writ-
24 ten approval of the applicable governmental agency or department shall
25 have first been obtained such corporation shall not establish and main-
26 tain any home or institution which, if separately incorporated, would
27 require the approval of such department or governmental agency.
28 § 5. Organization meeting; by-laws. The secretary of the Clarence
29 Center Volunteer Fire Company, Inc. shall call a meeting for the organ-
30 ization of such corporation to be held not later than sixty days after
31 this act takes effect, notice of which shall be given by the secretary
32 by posting or causing to be posted a notice thereof in five conspicuous
33 places within the territory protected by the Clarence Center Volunteer
34 Fire Company, Inc. and also by publication of notice thereof in one or
35 more newspapers having a general circulation within such territory and
36 also by conspicuously posting such notice on the fire company's internet
37 website. Such posting and publication shall be effectuated at least ten
38 days prior to the date of such meeting. At such meeting or any adjourn-
39 ment thereof, the members of such corporation shall present and adopt
40 by-laws and elect officers and directors to serve until the first annual
41 meeting which shall be held on a date to be fixed by the by-laws. Any
42 member failing to comply with the by-laws, rules or regulations duly
43 adopted by such corporation shall be subject to suspension and expulsion
44 in such manner as may be provided for in such by-laws. Any member, who
45 ceases to be such, voluntarily or otherwise, shall forfeit all interest
46 in the property of such corporation.
47 § 6. Control and disposal of funds and property. The control and
48 disposal of the funds and property of the said corporation, the exercise
49 of its powers, and the management and control of its affairs, except as
50 hereinafter provided, shall be vested in and exercised by a board of
51 trustees which shall consist of no less than seven members of the corpo-
52 ration, to wit: the president, the vice-president, the secretary and
53 treasurer and three other members having the title of trustee. Such
54 officers and trustees shall be elected at the annual meeting of such
55 corporation in the manner prescribed by its by-laws.
S. 8953 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 situated in that portion of the town of Clarence,
6 county of Erie, served by the Clarence Center Volunteer Fire Company,
7 Inc., or within any duly organized territory in which the Clarence
8 Center Volunteer Fire Company, Inc. is or may be obligated to render
9 fire protection. The officer of said corporation designated by its
10 by-laws to collect and receive the aforesaid tax imposed shall have all
11 the powers and be subject to all the provisions of the insurance law,
12 relating to treasures of fire departments. Such corporation shall also
13 be entitled to receive a share of the tax imposed by section 9105 of the
14 insurance law, based upon the business written in the territory with
15 respect to which it is entitled to collect and receive the tax under
16 section 9104 of the insurance law. Such taxes shall only be used by the
17 corporation in furtherance of its purposes as set forth in section three
18 of this act.
19 § 8. This act shall take effect immediately; provided, however, that
20 the provisions of section seven of this act shall apply to taxes due on
21 premiums received on and after January 1, 2027.
