S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9959
 
                           I N  A S S E M B L Y
 
                              April 21, 2022
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to incorporate the Croton Falls Volunteer Fire Department Benevo-
   lent 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 corporation by
 the name of the "Croton Falls Volunteer Fire Department Benevolent Asso-
 ciation" is hereby created. It shall be composed of such persons  eligi-
 ble  to  membership  therein  as  shall  be  provided  pursuant  to  the
 provisions of this act and shall (a) notify the secretary of the  Croton
 Falls  Volunteer  Fire  Department,  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 Croton Falls
 Volunteer  Fire  Department,  Inc. in the county of Westchester, 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  Croton  Falls  Volunteer  Fire
 Department,  Inc.,  and  all  persons  who are now or hereafter shall be
 active volunteer members of the Croton Falls Volunteer Fire  Department,
 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 Croton Falls Volunteer Fire
 Department, Inc., 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14982-02-2
 A. 9959                             2
 
 person  as an active volunteer member of the Croton Falls Volunteer Fire
 Department, Inc. prior to the actual performance by such person of  five
 years'  service as an active volunteer member of the Croton Falls Volun-
 teer  Fire  Department,  Inc.  Paid  firefighters, if any, of the Croton
 Falls Volunteer Fire Department, Inc., shall not be eligible for member-
 ship 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 indigent or disabled or injured in the perform-
 ance of their duties, and their families; to maintain a  suitable  head-
 quarters  for  the  members of the corporation; to promote and safeguard
 the welfare of the volunteer members of the corporation, and their fami-
 lies; 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 Croton Falls Volun-
 teer Fire Department, 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.
   § 5. Organization meeting; by-laws. The secretary of the Croton  Falls
 Volunteer  Fire  Department, Inc. shall call a meeting for the organiza-
 tion 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 Croton Falls Volunteer Fire
 Department, Inc. and also by publication of notice  thereof  in  one  or
 more  newspapers  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  ten
 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 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.
   § 7. Precept for payment of foreign fire insurance premium taxes. Such
 corporation  shall  collect  and  there  shall  be  paid to it all taxes
 A. 9959                             3
 
 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 Croton Falls Volunteer Fire Depart-
 ment,  Inc.,  in the county of Westchester, or within any duly organized
 territory in which the Croton Falls Volunteer Fire Department,  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  afore-
 said  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 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 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, 2023.