S T A T E   O F   N E W   Y O R K
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                                   7116
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to incorporate the Kenilworth Volunteer Fire  Co.  #1  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 corporation  by
 the name of "Kenilworth Volunteer Fire Co. #1 Benevolent Association" is
 hereby created. It shall be composed of such persons eligible to member-
 ship  therein as hereinafter provided and shall (a) notify the secretary
 of the Kenilworth Volunteer Fire Co. #1, 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  Kenilworth
 Volunteer Fire Co. #1, Inc. in the county of Erie, 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 Kenilworth Volunteer Fire Co.  #1,  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 Kenilworth Volunteer Fire Co. #1,  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 person as an active volunteer
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10907-01-1

 S. 7116                             2
 
 member of the Kenilworth Volunteer Fire Co. #1, Inc. prior to the actual
 performance by such person of five years' service as an active volunteer
 member of Kenilworth Volunteer Fire Co. #1, Inc. Paid  firefighters,  if
 any,  of the Kenilworth Fire District, 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, 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 Kenilworth Volunteer Fire
 Co. #1, 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 this 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 Kenilworth
 Volunteer Fire Co. #1, 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 be the secretary by posting or
 causing to be posted a notice thereof in five conspicuous places  within
 the  territory  protected  by the Kenilworth Volunteer Fire Co. #1, Inc.
 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 10 days prior to the date of such
 meeting. At such meeting or any adjournment thereof, the members of such
 corporation  shall  present  and  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 members who ceases to be such,  voluntarily  or
 otherwise,  shall  forfeit  all  interest in the property of such corpo-
 ration.
   § 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 trustees 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
 imposed by section 9104 of the insurance law for fire department use and
 benefit, upon premiums for insurance against  loss  or  damage  by  fire

 S. 7116                             3
 
 covering  property  situated  in the Kenilworth Fire District, county of
 Erie, or within any duly organized territory  in  which  the  Kenilworth
 Volunteer  Fire  Co.  #1,  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 treasur-
 ers 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, 2022.