S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8505
 
                             I N  S E N A T E
 
                             February 6, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to incorporate the Bedford Hills Fire Department Benevolent Asso-
   ciation 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 "Bedford Hills Fire Department  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 Bedford Hills Fire Department, a volunteer  fire  department,  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  Bedford
 Hills  Fire  Department  in  the  county  of  Westchester,  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 Bedford Hills Fire  Department,  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 Bedford Hills 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 upon the withdrawal of such  person  as  an  active  volunteer
 member of the Bedford Hills Fire Department prior to the actual perform-
 ance by such person of five years' service as an active volunteer member
 of  the Bedford Hills Fire Department. Paid firefighters, if any, of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13294-01-3
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 Bedford Hills Fire District, 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 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 the Bedford Hills Fire
 Department.
   § 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 Bedford Hills
 Fire Department shall call a meeting for the organization of such corpo-
 ration  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  terri-
 tory protected by the Bedford Hills Fire Department and also by publica-
 tion of notice thereof in one or more newspapers having a general circu-
 lation  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  other-
 wise, 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  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
 covering property situated in the Bedford Hills Fire District, county of
 Westchester, or within any duly organized territory in which the Bedford
 Hills Fire Department is or may be obligated to render fire  protection.
 The officer of said corporation designated by its by-laws to collect and
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 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 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, 2025.