S T A T E   O F   N E W   Y O R K
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                                  10043

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced by M. of A. WALTER -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT  to  incorporate the Main-Transit Volunteer Exempt Firefighter's
  Benevolent Association 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:

  Section  1. Incorporation; membership. A not-for-profit corporation by
the name of  "Main-Transit  Volunteer  Exempt  Firefighter's  Benevolent
Association"  is  hereby  created.  It shall be composed of such persons
eligible to membership therein as hereinafter  provided  and  shall  (a)
notify  the  secretary of Main-Transit Fire Department, a volunteer fire
company, in  writing  prior  to  the  organization  meeting  hereinafter
provided  for  of the corporation created by this act of their desire to
become members, or (b) shall attend such meeting or an adjournment ther-
eof, and also such persons so eligible as may thereafter become  members
of such corporation pursuant to its by-laws.
  S  2. Persons eligible to membership. All persons who are now, or have
been, or hereafter shall be active volunteer members of the Main-Transit
Fire Department in the town of Amherst, county  of  Erie,  or  any  fire
corporation in the Main-Transit Fire Department fire protection district
in such town and who have acquired or shall hereafter acquire the status
of exempt volunteer firefighter as defined in section 200 of the general
municipal  law  by virtue of having rendered service in the Main-Transit
Fire Department, or in a  fire  corporation  in  the  Main-Transit  Fire
Department  fire  protection  district,  and  all persons who are now or
hereafter shall be active volunteer members  of  the  Main-Transit  Fire
Department,  shall be eligible for membership in the association created
by this act, except that any firefighter who has been removed for cause,
expelled or dropped from the rolls of any fire company or  fire  depart-
ment, and who has not been reinstated therein, shall not be eligible for
membership  in  such  corporation.  The membership of any person in such
corporation shall terminate when his/her membership as an active  volun-
teer  member  of the Main-Transit Fire Department shall terminate before
such person shall have acquired the status  of  exempt  volunteer  fire-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13520-02-1

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fighter as defined by section 200 of the general municipal law by virtue
of having rendered service in the Main-Transit Fire Department.
  S  3.  Purposes. The purposes of such corporation shall be the mainte-
nance of suitable headquarters  for,  and  the  promotion  of  fraternal
intercourse  among the members of such corporation, the relief, aid, and
assistance of volunteer firefighters and their families who are disabled
or indigent, and the promotion of the  welfare  of  the  volunteer  fire
service.
  S  4. Powers and duties. Such corporation shall have all the powers of
a not-for-profit corporation, and the  provisions  of  law  relating  to
not-for-profit corporations shall apply to such corporation except where
they conflict with the provisions of this act. However, unless the writ-
ten  approval  of the state board of social welfare, created pursuant to
article 26-B of the executive law, shall have first been  obtained  this
corporation  shall  not  establish and maintain any home or institution,
which, if separately incorporated, would require the  approval  of  such
board.
  S  5. Organization meeting; by-laws. The secretary of the Main-Transit
Fire Department shall call a meeting for the organization of such corpo-
ration to be held not later than  three  months  after  this  act  takes
effect, notice of which shall be given by posting or causing to be post-
ed  a  notice  thereof  in  five conspicuous places within the territory
protected by the Main-Transit Fire Department and also by publication of
notice thereof in one or more newspapers having  a  general  circulation
within  such  territory,  and  such  posting  and  publication  shall be
effected at least ten days prior to the date of such  meeting.  At  such
meeting  or  any  adjournment  thereof,  the members of such corporation
present shall adopt by-laws and elect officers  and  trustees  to  serve
until the first annual meeting which shall be held on a date to be fixed
by  the by-laws. Any member failing to comply with the by-laws, rules or
regulations duly adopted by such corporation shall be subject to suspen-
sion and expulsion in such  manner  as  may  be  provided  for  in  such
by-laws.  Any  member,  who ceases to be such, voluntarily or otherwise,
shall forfeit all interest in the property of such corporation.
  S 6. Control and disposal of  funds  and  property.  The  control  and
disposal of the funds and property of the said corporation, the exercise
of  its  powers,  and the management and control of its affairs shall be
vested in and exercised by a board of trustees which  shall  consist  of
the following seven members of such corporation: the president, the vice
president,  the  secretary, the treasurer and three other members having
the title of trustee. Such officers and trustees shall be elected at the
annual meeting of such corporation  in  the  manner  prescribed  by  its
by-laws.
  S 7. Precept for payment of foreign fire insurance premium taxes. Such
corporation  shall  collect  and  there  shall  be  paid to it all taxes
imposed by article 91 of the insurance law for fire department  use  and
benefit,  upon  premiums  for  insurance  against loss or damage by fire
covering property situated in  the  Main-Transit  Fire  Department  fire
protection  district,  in the town of Amherst, county of Erie, or within
any duly organized territory in which the Main-Transit  Fire  Department
is  or  may  be obligated to render fire protection. The officer of said
corporation designated by its by-laws to collect and receive the  afore-
said  tax shall have all the powers and be subject to all the provisions
of the insurance law, relating to treasurers of fire  departments.  Such
corporation shall also be entitled to receive a share of the tax imposed
by  article  91 of the insurance law, based upon the business written in

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the territory with respect to  which  it  is  entitled  to  collect  and
receive  the tax under article 91 of the insurance law. Such taxes shall
only be used for the care and relief of disabled or  indigent  volunteer
and exempt volunteer firefighters and their families.
  S  8.  This  act shall take effect immediately; provided, however, the
provisions of section seven of this act shall  apply  to  taxes  due  on
premiums received after January 1, 2012.