S T A T E O F N E W Y O R K
________________________________________________________________________
7325--A
I N S E N A T E
May 12, 2014
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions -- 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 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:
Section 1. Incorporation; membership. A not-for-profit corporation by
the name of "Volunteer Exempt Firefighter's Benevolent Association of
Manhasset-Lakeville" is hereby created. It shall be composed of such
persons eligible to membership therein as hereinafter provided and shall
(a) notify the secretary of the fire department of the Manhasset-Lake-
ville Fire District, 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 thereof and signify their intention of becom-
ing members of such corporation at such meeting, or (c) shall notify the
secretary of the corporation hereby created in writing within sixty days
after his election of their desire to become members thereof, and also
such persons so eligible as may thereafter become members of such corpo-
ration pursuant to its by-laws.
S 2. Persons eligible for membership. All persons who are now, or have
been, or hereafter shall be active volunteer members of the fire depart-
ment of the Manhasset-Lakeville Fire District in the county of Nassau,
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 fire department of the
Manhasset-Lakeville Fire District, and all persons who are now or here-
after shall be active volunteer members of the fire department of the
Manhasset-Lakeville Fire District, shall be eligible for membership in
the corporation created by this act, except that any firefighter who has
been removed for cause, expelled or dropped from the rolls of the fire
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14249-06-4
S. 7325--A 2
department of the Manhasset-Lakeville Fire District, 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 upon the withdrawal of such person as an active volunteer
member of the fire department of the Manhasset-Lakeville Fire District
prior to the actual performance by such person of five years service as
an active volunteer member of the fire department of the Manhasset-Lake-
ville Fire District. Paid firefighters, if any, of the Manhasset-Lake-
ville Fire District, shall not be eligible for membership in the corpo-
ration.
S 3. Purposes. The purposes of the corporation created by this act
are: to provide relief, aid and assistance to the volunteer members of
such corporation who are disabled or injured in the performance of their
duties, and their families; to promote and safeguard the welfare of the
volunteer members of the corporation, and their families; to provide for
the health and safety of the volunteer members of the corporation; and
to enhance the morale of the volunteer members of the corporation by
providing social and recreational activities for the volunteer members
of the corporation, and the promotion of the volunteer fire service
within the territory protected by such fire department of the Manhas-
set-Lakeville Fire District.
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
written approval of the department of social services shall have first
been obtained such corporation shall not establish and maintain any home
or institution which, if separately incorporated, would require the
approval of such department.
S 5. Organization meeting; by-laws. The secretary of the Manhasset-
Lakeville Fire District shall call a meeting for the organization of
such corporation to be held not later than sixty days after this act
takes effect, notice of which shall be given by the secretary by posting
or causing to be posted a notice thereof in five conspicuous places
within the territory protected by the Manhasset-Lakeville Fire District
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
directors 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 suspension 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 corpo-
ration.
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, except as
hereinafter provided, shall be vested in and exercised by a board of
trustees which shall consist of no less than seven members of the corpo-
ration, to wit: the president, the vice-president, the secretary and
treasurer and three other members having the title of trustee. Such
officers and directors shall be elected at the annual meeting of such
corporation in the manner prescribed by its by-laws.
S. 7325--A 3
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 Manhasset-Lakeville Fire Department
fire protection district, in the town of North Hempstead, county of
Nassau, or within any duly organized territory in which the Manhasset-
Lakeville 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 aforesaid tax shall have all the powers and be
subject to all the provisions of the insurance law, relating to treasur-
ers 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 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, that
the provisions of section seven of this act shall apply to taxes due on
premiums received on and after January 1, 2014.