Assembly Bill A10278

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10278
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  incorporate the New Hartford Volunteer Exempt Firefighters'
   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 "New  Hartford  Volunteer  Exempt  Firefighters'  Benevolent
 Association"  is  hereby  created.  It shall be composed of such persons
 eligible to membership therein as hereinafter  provided  and  shall  (a)
 notify  the  secretary  of the New Hartford Fire Department, a volunteer
 fire department, in writing prior to the organization meeting hereinaft-
 er 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 New Hartford
 Fire  Department in the county of Oneida, 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  New  Hartford  Fire  Department, shall be eligible for
 membership in the corporation created by this act, except that any fire-
 fighter who has been removed for cause, expelled  or  dropped  from  the
 rolls  of  the  New Hartford Fire Department, and who has not been rein-
 stated therein, shall not be eligible  for  membership  in  such  corpo-
 ration. The membership of any person in such corporation shall terminate
 upon  the withdrawal of such person as an active volunteer member of the
 New Hartford Fire Department prior to the  actual  performance  by  such
 person  of  five years' service as an active volunteer member of the New
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14453-01-6
 A. 10278                            2
 
 Hartford Fire Department. Paid firefighters, if any, of the New Hartford
 Fire Department, shall not be eligible  for  membership  in  the  corpo-
 ration.
   §  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 New Hartford 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 New Hartford
 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 New Hartford 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 that portion of the town of New  Hartford,
 county  of Oneida, served by the New Hartford Fire Department, or within
 any duly organized territory in which the New Hartford  Fire  Department
 A. 10278                            3
 
 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, 2027.