Assembly Bill A10051

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10051
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT in relation to establishing the Clarence Center Volunteer  Exempt
   Firefighter's Benevolent Association
 
   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 "Clarence Center Volunteer Exempt Firefighter's Benevolent
 Association", is hereby created. It shall be composed  of  such  persons
 eligible  to  membership therein as hereinafter provided pursuant to the
 provisions of this act  and  shall  (a)  notify  the  secretary  of  the
 Clarence  Center Volunteer 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 their 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 Clarence
 Center 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 Clarence Center Volunteer Fire  Compa-
 ny,  Inc.,  and  all  persons  who  are now or hereafter shall be active
 volunteer members of the Clarence Center 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 Clarence Center  Volunteer  Fire  Company,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14424-01-6
 A. 10051                            2
 
 active  volunteer  member  of  the  Clarence  Center Fire Volunteer Fire
 Company, Inc., prior to the actual performance by such  person  of  five
 years service as an active volunteer member of Clarence Center Volunteer
 Fire  Company,  Inc.  Paid  firefighters, if any, of the Clarence Center
 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 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 Clarence Center Volunteer
 Fire Company, 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  Clarence
 Center  Volunteer Fire Company, Inc. shall call a meeting for the organ-
 ization 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 Clarence Center Volunteer
 Fire Company, 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 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  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  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
 A. 10051                            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 situated in that portion  of  the  town  of  Clarence,
 county  of  Erie,  served by the Clarence Center Volunteer Fire Company,
 Inc., or within any duly  organized  territory  in  which  the  Clarence
 Center  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 imposed shall have all
 the powers and be subject to all the provisions of  the  insurance  law,
 relating  to  treasures 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, 2027.