S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6464
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  in relation to creating the Jamison Road Volunteer Fire Benevo-
   lent Association, Inc.
 
   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 the "Jamison Road  Volunteer  Fire  Benevolent  Association,
 Inc."  is  hereby created. It shall be composed of such persons eligible
 to membership therein as shall be provided pursuant to the provisions of
 this act and shall (a) notify the secretary of the Jamison  Road  Volun-
 teer  Fire  Company, Inc., 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) attend
 such meeting or an adjournment thereof and signify  their  intention  of
 becoming  members of such corporation at such meeting, or (c) notify the
 secretary of the corporation 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
 corporation 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 Jamison Road
 Volunteer  Fire  Company,  Inc.  in  the  county  of  Erie, and who have
 acquired or shall hereafter acquire the status of exempt volunteer fire-
 fighter as defined in section 200 of the general municipal law by virtue
 of having rendered service in the Jamison Road Volunteer  Fire  Company,
 Inc., and all persons who are now or hereafter shall be active volunteer
 members  of  the  Jamison  Road  Volunteer  Fire Company, Inc., 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 Jamison Road Volunteer Fire Company, Inc., and who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07944-01-9

 A. 6464                             2
 
 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  Jamison  Road Volunteer Fire Company, Inc. prior to the
 actual performance by such person of five years  service  as  an  active
 volunteer  member  of the Jamison Road Volunteer Fire Company, Inc. Paid
 firefighters, if any, of the Jamison Road Volunteer Fire Company,  Inc.,
 shall not be eligible for membership in the corporation.
   §  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 maintain a suitable headquarters for the
 members of such corporation; 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 the Jamison Road Volunteer Fire Compa-
 ny, Inc.
   § 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 applicable governmental agency or  department  shall
 have  first been obtained such corporation shall not establish and main-
 tain any home or institution which, if  separately  incorporated,  would
 require the approval of such department or governmental agency.
   §  5. Organization meeting; by-laws. The secretary of the Jamison Road
 Volunteer Fire Company, Inc. shall call a meeting for  the  organization
 of  such  corporation  to  be held not later than 60 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 Jamison Road Volunteer Fire Compa-
 ny,  Inc. and also by publication of notice thereof in one or more news-
 papers having a general circulation within such territory  and  also  by
 conspicuously  posting  such  notice  on  the  fire  company's  internet
 website. Such posting and publication shall be effectuated at  least  10
 days  prior to the date of such meeting. At such meeting or any adjourn-
 ment 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 corporation.
   §  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 7  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.

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   § 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 protected by the Jamison Road Volunteer Fire Company,
 Inc., in the town of Elma, in the county of Erie,  or  within  any  duly
 organized  territory  in  which the Jamison Road Volunteer Fire Company,
 Inc. 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 depart-
 ments. Such corporation shall also be entitled to receive a share of the
 tax imposed by section 9105 of the insurance law, based upon  the  busi-
 ness  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 by the corporation in furtherance of its
 purposes as set forth in section three of this act.
   § 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, 2020.