STATE OF NEW YORK
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4742--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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Introduced by M. of A. STERN -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to incorporate the Volunteer Exempt Firefighter's Benevolent
Association of Huntington Manor 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 "Volunteer Exempt Firefighter's Benevolent Association of
3 Huntington Manor" is hereby created. It shall be composed of such
4 persons eligible to membership therein as hereinafter provided and shall
5 (a) notify the secretary of the Huntington Manor Volunteer Fire Depart-
6 ment, Inc., a volunteer fire company, in writing prior to the organiza-
7 tion meeting hereinafter provided for of the corporation created by this
8 act of their desire to become members, or (b) attend such meeting or an
9 adjournment thereof and signify their intention of becoming members of
10 such corporation at such meeting, or (c) shall notify the secretary of
11 the corporation hereby created in writing within sixty days after his or
12 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 Huntington
17 Manor Fire District in the county of Suffolk, and who have acquired or
18 shall hereafter acquire the status of exempt volunteer firefighter as
19 defined in section 200 of the general municipal law by virtue of having
20 rendered service in the Huntington Manor Volunteer Fire Department,
21 Inc., shall be eligible for membership in the corporation created by
22 this act, except that any firefighter who has been removed for cause,
23 expelled or dropped from the rolls of the Huntington Manor Volunteer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07051-02-9
A. 4742--A 2
1 Fire Department, Inc., and who has not been reinstated therein, shall
2 not be eligible for membership in such corporation. The membership of
3 any person in such corporation shall terminate upon the withdrawal of
4 such person as an active volunteer member of the Huntington Manor Volun-
5 teer Fire Department, Inc. prior to the actual performance by such
6 person of five years service as an active volunteer member of the Hunt-
7 ington Manor Volunteer Fire Department, Inc. paid firefighters, if any,
8 of the Huntington Manor Volunteer Fire Department, Inc., shall not be
9 eligible for membership in the corporation.
10 § 3. Purposes. The purposes of the corporation created by this act
11 are: to provide relief, aid and assistance to the volunteer members of
12 such corporation who are indigent, disabled or injured in the perform-
13 ance of their duties, and their families; to maintain a suitable head-
14 quarters for the members of such corporation; to promote and safeguard
15 the welfare of the volunteer members of the corporation, and their fami-
16 lies; to provide for the health and safety of the volunteer members of
17 the corporation; and to enhance the morale of the volunteer members of
18 the corporation by providing social and recreational activities for the
19 volunteer members of the corporation, and the promotion of the volunteer
20 fire service within the territory protected by such Huntington Manor
21 Volunteer Fire Department, Inc.
22 § 4. Powers and duties. Such corporation shall have all the powers of
23 a not-for-profit corporation, and the provisions of law relating to
24 not-for-profit corporations shall apply to such corporation except where
25 they conflict with the provisions of this act. However, unless the writ-
26 ten approval of the applicable governmental agency or department shall
27 have first been obtained such corporation shall not establish and main-
28 tain any home or institution which, if separately incorporated, would
29 require the approval of such department.
30 § 5. Organization meeting; by-laws. The secretary of the Huntington
31 Manor Volunteer Fire Department, Inc. shall call a meeting for the
32 organization of such corporation to be held not later than 60 days after
33 this act takes effect, notice of which shall be given by the secretary
34 by posting or causing to be posted a notice thereof in five conspicuous
35 places within the territory protected by the Huntington Manor Volunteer
36 Fire Department, Inc. and also by publication of notice thereof in one
37 or more newspapers having a general circulation within such territory,
38 and such posting and publication shall be effected at least 10 days
39 prior to the date of such meeting. At such meeting or any adjournment
40 thereof, the members of such corporation present shall adopt by-laws and
41 elect officers and directors to serve until the first annual meeting
42 which shall be held on a date to be fixed by the by-laws. Any member
43 failing to comply with the by-laws, rules or regulations duly adopted by
44 such corporation shall be subject to suspension and expulsion in such
45 manner as may be provided for in such by-laws. Any member, who ceases to
46 be such, voluntarily or otherwise, shall forfeit all interest in the
47 property of such corporation.
48 § 6. Control and disposal of funds and property. The control and
49 disposal of the funds and property of the said corporation, the exercise
50 of 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 7 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.
A. 4742--A 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 the Huntington Manor Fire District, in the
6 county of Suffolk, or within any duly organized territory in which the
7 Huntington Manor Volunteer Fire Department is or may be obligated to
8 render fire protection. The officer of said corporation designated by
9 its by-laws to collect and receive the aforesaid tax shall have all the
10 powers and be subject to all the provisions of the insurance law, relat-
11 ing to treasurers of fire departments. Such corporation shall also be
12 entitled to receive a share of the tax imposed by section 9105 of the
13 insurance law, based upon the business written in the territory with
14 respect to which it is entitled to collect and receive the tax under
15 section 9104 of the insurance law. Such taxes shall only be used by the
16 corporation in furtherance of its purposes as set forth by section three
17 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, 2020.