S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6065--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government -- recom-
   mitted to the Committee on Local Government in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to incorporate the Adirondack Volunteer Firefighters'  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 association  by
 the  name of "Adirondack Volunteer Firefighters' Benevolent Association"
 is hereby created. It shall be composed  of  such  persons  eligible  to
 membership  therein  as  provided  in  this act and shall (a) notify the
 secretary of such association in writing prior to the organization meet-
 ing provided for in this act of the association 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 becoming  members  of
 such  association  at such meeting, or (c) shall notify the secretary of
 the association hereby created in writing within sixty days after his or
 her election of their desire to become members thereof,  and  also  such
 persons so eligible as may thereafter become members of such association
 pursuant to its by-laws.
   § 2. Persons eligible for membership. All persons who are now, or have
 been,  or  hereafter  shall be active volunteer members of the volunteer
 fire service within, but not limited to, the county of Warren,  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 such volunteer fire service, and
 all persons who are now or hereafter shall be active  volunteer  members
 of  such volunteer fire service, shall be eligible for membership in the
 association created by this act, except that  any  firefighter  who  has
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11340-03-8

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 been  removed  for  cause,  expelled  or  dropped from the rolls of such
 volunteer fire service, and who has not been reinstated  therein,  shall
 not  be  eligible  for membership in such association. The membership of
 any  person  in  such association shall terminate upon the withdrawal of
 such person as an active volunteer member of the fire department  within
 such  volunteer  fire  service  prior  to the actual performance by such
 person of five years service as an active  volunteer  firefighter.  Paid
 firefighters,  if  any,  of  such  volunteer  fire service, shall not be
 eligible for membership in the association.
   § 3. Purposes. The purposes of the association  created  by  this  act
 are: to provide relief, aid and assistance to volunteer firefighters who
 are  disabled  or  injured in the performance of their duties, and their
 families; to promote and safeguard the welfare of  volunteer  firefight-
 ers,  and their families; to provide for the health and safety of volun-
 teer firefighters; and to enhance the morale of  volunteer  firefighters
 by providing social and recreational activities for volunteer firefight-
 ers  of the association, and the promotion of the volunteer fire service
 within the territory protected by such volunteer fire service.
   § 4. Powers and duties. Such association 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 association except where
 they conflict with the provisions of this  act.    However,  unless  the
 written approval of the department of family assistance shall have first
 been obtained such association shall not establish and maintain any home
 or  institution  which,  if  separately  incorporated, would require the
 approval of such department.
   § 5. Organization meeting; by-laws. The secretary of  the  association
 shall call a meeting for the organization of such association 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 each volunteer fire department within such volunteer fire service and
 also by publication of notice thereof in one or more newspapers having a
 general circulation within such territory, and such posting and publica-
 tion shall be effected at least ten days prior to the date of such meet-
 ing.  At  such  meeting  or any adjournment thereof, the members of such
 association 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 association 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 other-
 wise, shall forfeit all interest in the property of such association.
   § 6. Control and disposal of  funds  and  property.  The  control  and
 disposal of the funds and property of the said association, the exercise
 of  its powers, and the management and control of its affairs, except as
 provided in this act, shall be vested in and exercised  by  a  board  of
 trustees  which shall consist of no less than seven members of the asso-
 ciation, 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
 association in the manner prescribed by its by-laws.
   § 7. Precept for payment of foreign fire insurance premium taxes. Such
 association  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

 S. 6065--A                          3
 
 covering property situated in the volunteer fire  department  protection
 districts  within, but not limited to, the county of Warren is or may be
 obligated to render fire protection. The  officer  of  said  association
 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 insur-
 ance law, relating to treasurers of fire departments.  Such  association
 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 territo-
 ry 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 volun-
 teer firefighters and their families.
   § 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, 2018.