Senate Bill S7327

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

                                  7327

                            I N  S E N A T E

                              May 12, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT in relation to  the  creation  of  the  "Amsterdam  Firefighters'
  Benevolent Association"

  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 "Amsterdam Firefighters' Benevolent Association", hereinaft-
er  referred  to  as  the  "association", is hereby created. It shall be
composed of such members eligible for membership therein as  hereinafter
provided  as  shall:  (a)  notify the secretary of the Amsterdam Profes-
sional Firefighters Union in writing prior to the  organization  meeting
hereinafter  provided  for  the corporation created by this act of their
desire to become members; or (b) attend such meeting or  an  adjournment
thereof, and also such persons eligible as may thereafter become members
of such corporation pursuant to its by-laws.
  S 2. Persons eligible for membership. All persons who are now or here-
after shall be employed as professional firefighters in the fire depart-
ment  of  the  city of Amsterdam, county of Montgomery shall be eligible
for membership in the corporation created by this act  except  that  any
firefighter  who has been removed for cause from the fire department 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  membership  in  the  city of Amsterdam fire
department terminates.
  S 3.  Purposes.  The  association  shall  have  as  its  purposes  the
promotion  of  a  friendly association for the betterment of its members
and their relations with  the  community,  for  promotion  of  fraternal
intercourse  among  its  members,  to  study  and  disseminate among its
members the most efficient manner of fighting fires and the relief,  aid
and  assistance  of  its  members and their families who are disabled or
indigent, and for the promotion of the welfare of the fire service,  and
for any of the foregoing purposes shall have the power to purchase, take
and hold, transfer and convey real and personal property.

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

                                                           LBD15004-02-4

S. 7327                             2

  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 services 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 Amsterdam
Professional Firefighters' Union shall call a meeting for the  organiza-
tion  of  such  corporation to be held not later than three months after
the effective date of this act, notice of which shall be given by him by
posting or causing to be posted a notice  thereof  in  five  conspicuous
places  within  the  territory  protected  by the city of Amsterdam 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 offi-
cers 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 suspension and expulsion in such manner  as  may  be
provided  for  in such by-laws. Any member who ceases to be such, volun-
tarily 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 of property of such corporation, the  exercise  of
its powers, and the management and control of its affairs shall be vest-
ed  in and exercised by a board of trustees which shall consist of seven
members of such corporation, viz: the president, the vice-president, the
secretary, the treasurer and three other members  having  the  title  of
trustee.  Such officer and trustees shall be elected at the annual meet-
ing 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 section 9104 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 city of Amsterdam, county of  Montgom-
ery.  The  officer  of  such  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 treas-
ures of fire departments. Such corporation shall  also  be  entitled  to
received  a  share  of  the tax imposed by section 9105 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 section 9104
of the insurance law. Such taxes shall only be  used  for  the  use  and
benefit of the fire department.
  S  8.  The  city  of  Amsterdam  shall pay over to the association any
foreign fire insurance monies in its custody. These monies will be  used
for the purposes set forth in section three of this act.
  S 9. This act shall take effect January 1, 2015.