New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S03476 Summary:

S03476 Actions:

S03476 Committee Votes:

S03476 Floor Votes:

S03476 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3476
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT in relation to creating the Jamison Road Volunteer  Fire  Benevo-
          lent Association, Inc.
 
          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  the  "Jamison Road Volunteer Fire Benevolent Association,
     3  Inc." is hereby created. It shall be composed of such  persons  eligible
     4  to membership therein as shall be provided pursuant to the provisions of
     5  this  act  and shall (a) notify the secretary of the Jamison Road Volun-
     6  teer Fire Company, Inc., a volunteer fire company, in writing  prior  to
     7  the  organization  meeting  hereinafter  provided for of the corporation
     8  created by this act of their desire to become  members,  or  (b)  attend
     9  such  meeting  or  an adjournment thereof and signify their intention of
    10  becoming members of such corporation at such meeting, or (c) notify  the
    11  secretary of the corporation hereby created in writing within sixty days
    12  after his or her election of their desire to become members thereof, and
    13  also  such  persons so eligible as may thereafter become members of such
    14  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 Jamison Road
    17  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 Jamison Road Volunteer Fire Company,
    21  Inc., and all persons who are now or hereafter shall be active volunteer
    22  members of the Jamison Road  Volunteer  Fire  Company,  Inc.,  shall  be
    23  eligible  for  membership in the corporation created by this act, except
    24  that any firefighter who has been removed for cause, expelled or dropped
    25  from the rolls of the Jamison Road Volunteer Fire Company, Inc., and who
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07944-01-9
        S. 3476                             2
 
     1  has not been reinstated therein, shall not be eligible for membership in
     2  such corporation. The membership of any person in such corporation shall
     3  terminate upon the withdrawal of such  person  as  an  active  volunteer
     4  member  of  the  Jamison  Road Volunteer Fire Company, Inc. prior to the
     5  actual performance by such person of five years  service  as  an  active
     6  volunteer  member  of the Jamison Road Volunteer Fire Company, Inc. Paid
     7  firefighters, if any, of the Jamison Road Volunteer Fire Company,  Inc.,
     8  shall not be eligible for membership in the corporation.
     9    §  3.  Purposes.  The  purposes of the corporation created by this act
    10  are: to provide relief, aid and assistance to the volunteer  members  of
    11  such corporation who are disabled or injured in the performance of their
    12  duties,  and their families; to maintain a suitable headquarters for the
    13  members of such corporation; to promote and safeguard the welfare of the
    14  volunteer members of the corporation, and their families; to provide for
    15  the health and safety of the volunteer members of the  corporation;  and
    16  to  enhance  the  morale  of the volunteer members of the corporation by
    17  providing social and recreational activities for the  volunteer  members
    18  of  the  corporation,  and  the  promotion of the volunteer fire service
    19  within the territory protected by the Jamison Road Volunteer Fire Compa-
    20  ny, Inc.
    21    § 4. Powers and duties. Such corporation shall have all the powers  of
    22  a  not-for-profit  corporation,  and  the  provisions of law relating to
    23  not-for-profit corporations shall apply to such corporation except where
    24  they conflict with the provisions of this act. However, unless the writ-
    25  ten approval of the applicable governmental agency or  department  shall
    26  have  first been obtained such corporation shall not establish and main-
    27  tain any home or institution which, if  separately  incorporated,  would
    28  require the approval of such department or governmental agency.
    29    §  5. Organization meeting; by-laws. The secretary of the Jamison Road
    30  Volunteer Fire Company, Inc. shall call a meeting for  the  organization
    31  of  such  corporation  to  be held not later than 60 days after this act
    32  takes effect, notice of which shall be given by the secretary by posting
    33  or causing to be posted a notice  thereof  in  five  conspicuous  places
    34  within the territory protected by the Jamison Road Volunteer Fire Compa-
    35  ny,  Inc. and also by publication of notice thereof in one or more news-
    36  papers having a general circulation within such territory  and  also  by
    37  conspicuously  posting  such  notice  on  the  fire  company's  internet
    38  website. Such posting and publication shall be effectuated at  least  10
    39  days  prior to the date of such meeting. At such meeting or any adjourn-
    40  ment thereof, the  members  of  such  corporation  present  shall  adopt
    41  by-laws and elect officers and directors to serve until the first annual
    42  meeting  which  shall  be held on a date to be fixed by the by-laws. Any
    43  member failing to comply with the by-laws,  rules  or  regulations  duly
    44  adopted by such corporation shall be subject to suspension and expulsion
    45  in  such  manner as may be provided for in such by-laws. Any member, who
    46  ceases to be such, voluntarily or otherwise, shall forfeit all  interest
    47  in the 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  directors  shall be elected at the annual meeting of such
    56  corporation in the manner prescribed by its by-laws.
        S. 3476                             3
 
     1    § 7. Precept for payment of  foreign  fire  insurance  premium  taxes.
     2  Such  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 protected by the Jamison Road Volunteer Fire Company,
     6  Inc., in the town of Elma, in the county of Erie,  or  within  any  duly
     7  organized  territory  in  which the Jamison Road Volunteer Fire Company,
     8  Inc. is or may be obligated to render fire protection.  The  officer  of
     9  said  corporation  designated  by its by-laws to collect and receive the
    10  aforesaid tax shall have all the  powers  and  be  subject  to  all  the
    11  provisions  of the insurance law, relating to treasurers of fire depart-
    12  ments. Such corporation shall also be entitled to receive a share of the
    13  tax imposed by section 9105 of the insurance law, based upon  the  busi-
    14  ness  written  in  the territory with respect to which it is entitled to
    15  collect and receive the tax under section 9104  of  the  insurance  law.
    16  Such  taxes  shall only be used by the corporation in furtherance of its
    17  purposes as set forth in section three 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.