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A09003 Summary:

A09003 Actions:

A09003 Floor Votes:

A09003 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9003--C
                                                                Cal. No. 841
 
                   IN ASSEMBLY
 
                                      March 6, 2014
                                       ___________
 
        Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions -- reference  changed
          to  the  Committee  on Local Governments -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee on Ways and Means -- reported  from  commit-
          tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to incorporate  the  Volunteer  Exempt  Firefighter's  Benevolent
          Association  of  Manhasset-Lakeville  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  Manhasset-Lakeville"  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 fire department of  the  Manhasset-Lake-
     6  ville  Fire  District, a volunteer fire company, in writing prior to the
     7  organization meeting hereinafter provided for of the corporation created
     8  by this act of their desire to become members, or (b) shall attend  such
     9  meeting  or an adjournment thereof and signify their intention of becom-
    10  ing members of such corporation at such meeting, or (c) shall notify the
    11  secretary of the corporation hereby created in writing within sixty days
    12  after his election of their desire to become members thereof,  and  also
    13  such persons so eligible as may thereafter become members of such corpo-
    14  ration 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 fire depart-
    17  ment  of  the Manhasset-Lakeville Fire District in the county of Nassau,
    18  and who have acquired or shall hereafter acquire the  status  of  exempt
    19  volunteer firefighter as defined in section 200 of the general municipal
    20  law  by  virtue of having rendered service in the fire department of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14249-07-4
        A. 9003--C                          2
 
     1  Manhasset-Lakeville Fire District, and all persons who are now or  here-
     2  after  shall  be  active volunteer members of the fire department of the
     3  Manhasset-Lakeville Fire District, shall be eligible for  membership  in

     4  the corporation created by this act, except that any firefighter who has
     5  been  removed  for cause, expelled or dropped from the rolls of the fire
     6  department of the Manhasset-Lakeville Fire District,  and  who  has  not
     7  been  reinstated  therein,  shall not be eligible for membership in such
     8  corporation. The membership of any  person  in  such  corporation  shall
     9  terminate  upon  the  withdrawal  of  such person as an active volunteer
    10  member of the fire department of the Manhasset-Lakeville  Fire  District
    11  prior  to the actual performance by such person of five years service as
    12  an active volunteer member of the fire department of the Manhasset-Lake-
    13  ville Fire District. Paid firefighters, if any, of  the  Manhasset-Lake-
    14  ville  Fire District, shall not be eligible for membership in the corpo-
    15  ration.
    16    § 3. Purposes. The purposes of the corporation  created  by  this  act

    17  are:  to  provide relief, aid and assistance to the volunteer members of
    18  such corporation who are disabled or injured in the performance of their
    19  duties, and their families; to promote and safeguard the welfare of  the
    20  volunteer members of the corporation, and their families; to provide for
    21  the  health  and safety of the volunteer members of the corporation; and
    22  to enhance the morale of the volunteer members  of  the  corporation  by
    23  providing  social  and recreational activities for the volunteer members
    24  of the corporation, and the promotion  of  the  volunteer  fire  service
    25  within  the  territory  protected by such fire department of the Manhas-
    26  set-Lakeville Fire District.
    27    § 4. Powers and duties. Such corporation shall have all the powers  of
    28  a  not-for-profit  corporation,  and  the  provisions of law relating to

    29  not-for-profit corporations shall apply to such corporation except where
    30  they conflict with the provisions of this  act.    However,  unless  the
    31  written  approval  of the department of social services shall have first
    32  been obtained such corporation shall not establish and maintain any home
    33  or institution which, if  separately  incorporated,  would  require  the
    34  approval of such department.
    35    §  5.  Organization  meeting; by-laws. The secretary of the Manhasset-
    36  Lakeville Fire District shall call a meeting  for  the  organization  of
    37  such  corporation  to  be  held not later than sixty days after this act
    38  takes effect, notice of which shall be given by the secretary by posting
    39  or causing to be posted a notice  thereof  in  five  conspicuous  places
    40  within  the territory protected by the Manhasset-Lakeville Fire District

    41  and also by publication of notice thereof  in  one  or  more  newspapers
    42  having a general circulation within such territory, and such posting and
    43  publication  shall  be  effected  at least ten days prior to the date of
    44  such meeting.  At such meeting or any adjournment thereof,  the  members
    45  of  such  corporation present shall adopt by-laws and elect officers and
    46  directors to serve until the first annual meeting which shall be held on
    47  a date to be fixed by the by-laws. Any member failing to comply with the
    48  by-laws, rules or regulations duly adopted by such corporation shall  be
    49  subject  to  suspension  and expulsion in such manner as may be provided
    50  for in such by-laws. Any member, who ceases to be such,  voluntarily  or
    51  otherwise,  shall  forfeit  all  interest in the property of such corpo-
    52  ration.
    53    § 6. Control and disposal of  funds  and  property.  The  control  and

    54  disposal of the funds and property of the said corporation, the exercise
    55  of  its powers, and the management and control of its affairs, except as
    56  hereinafter provided, shall be vested in and exercised  by  a  board  of
        A. 9003--C                          3
 
     1  trustees which shall consist of no less than seven members of the corpo-
     2  ration,  to  wit:  the  president, the vice-president, the secretary and
     3  treasurer and three other members having  the  title  of  trustee.  Such
     4  officers  and  directors  shall be elected at the annual meeting of such
     5  corporation in the manner prescribed by its by-laws.
     6    § 7. Precept for payment of foreign fire insurance premium taxes. Such
     7  corporation shall collect and there  shall  be  paid  to  it  all  taxes
     8  imposed  by  article 91 of the insurance law for fire department use and

     9  benefit, upon premiums for insurance against  loss  or  damage  by  fire
    10  covering  property  situated  in the Manhasset-Lakeville Fire Department
    11  fire protection district, in the town  of  North  Hempstead,  county  of
    12  Nassau,  or  within any duly organized territory in which the Manhasset-
    13  Lakeville Fire  Department  is  or  may  be  obligated  to  render  fire
    14  protection. The officer of said corporation designated by its by-laws to
    15  collect  and  receive the aforesaid tax shall have all the powers and be
    16  subject to all the provisions of the insurance law, relating to treasur-
    17  ers of fire departments. Such corporation  shall  also  be  entitled  to
    18  receive  a  share of the tax imposed by article 91 of the insurance law,
    19  based upon the business written in the territory with respect  to  which
    20  it  is  entitled  to collect and receive the tax under article 91 of the

    21  insurance law. Such taxes shall only be used for the care and relief  of
    22  disabled  or  indigent  volunteer  and exempt volunteer firefighters and
    23  their families.
    24    § 8. This act shall take effect immediately  provided,  however,  that
    25  the  provisions of section seven of this act shall apply to taxes due on
    26  premiums received on and after January 1, 2014.