S T A T E   O F   N E W   Y O R K
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                                 5517--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2015
                               ___________

Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
  Committee on Local Governments -- reported and referred to the Commit-
  tee on Ways and Means -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01491-04-5
              

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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.
  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  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 city of Amsterdam, county of Montgom-
ery, or within any duly organized territory in which the city of Amster-
dam 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 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 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 professional firefighters and their families.

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  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, 2017.