S T A T E   O F   N E W   Y O R K
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                                   8306
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend chapter 978 of the laws of 1966 relating to  incorporat-
   ing the South Lockport Volunteer Firemen's Benevolent Association, and
   providing for its powers and duties, in relation to amendments to such
   association's charter
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1, 2, 3, 4 and 7 of chapter 978  of  the  laws  of
 1966  relating  to  incorporating the South Lockport Volunteer Firemen's
 Benevolent Association, and providing for its  powers  and  duties,  are
 amended to read as follows:
   Section  1. Incorporation; membership. A membership corporation by the
 name of  "South  Lockport  Volunteer  Exempt  [Firemen's]  FIREFIGHTERS'
 Benevolent  Association" is hereby created. It shall be composed of such
 persons eligible to membership therein as hereinafter provided as  shall
 (a)  notify  the  secretary of the South Lockport Fire Company, Incorpo-
 rated in writing prior to the organization meeting of  such  corporation
 hereinafter  provided  of  their  desire to become members, or (b) shall
 attend such meeting or an adjournment thereof, and also such persons  so
 eligible  as  may  become  members  of such corporation, pursuant to its
 by-laws.
   § 2. Persons eligible to membership. All persons who are now, or  have
 been,  or who hereafter shall be volunteer members of the South Lockport
 Fire Company, Incorporated, and all persons resident  in  the  territory
 provided with fire protection by contract with such fire company who are
 exempt  volunteer  [firemen]  FIREFIGHTERS  as  defined  by  section two
 hundred of the general municipal law, shall be eligible to membership in
 the corporation hereby created; provided that any person  who  has  been
 expelled  or  removed  for  cause from membership in any fire company or
 department shall not be eligible  to  membership  in  such  corporation.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13269-01-5
              

 S. 8306                             2
 
 Whenever  a member who is not an exempt [firemen] FIREFIGHTER as defined
 by section two hundred of the general municipal law shall move from such
 territory in which fire protection is provided as aforesaid  or  if  the
 territory  in  which  a  member resides shall no longer be provided with
 such fire protection, [his] THEIR membership in such  corporation  shall
 cease.
   §  3.  Purposes  AND  DUTY OF THE ASSOCIATION.   The purposes of [such
 corporation shall be the maintenance of suitable headquarters  for,  and
 the  promotion of fraternal intercourse among the members of such corpo-
 ration, the relief, aid and assistance of such members' and their  fami-
 lies  who  are disabled or indigent, and the promotion of the welfare of
 the volunteer fire service  within  the  territory  provided  with  fire
 protection  by  contract with such fire company] THE CORPORATION CREATED
 BY THIS ACT SHALL BE: TO PROVIDE  RELIEF,  AID  AND  ASSISTANCE  TO  THE
 VOLUNTEER  MEMBERS  OF  SUCH  CORPORATION  WHO ARE INDIGENT, DISABLED OR
 INJURED IN THE PERFORMANCE OF THEIR DUTIES, AND THEIR FAMILIES; TO MAIN-
 TAIN A SUITABLE HEADQUARTERS FOR THE VOLUNTEER MEMBERS  OF  SUCH  CORPO-
 RATION,  AND THEIR FAMILIES; TO PROMOTE AND SAFEGUARD THE WELFARE OF THE
 VOLUNTEER MEMBERS OF THE CORPORATION AND THEIR FAMILIES; TO PROVIDE  FOR
 THE  HEALTH  AND  SAFETY OF THE VOLUNTEER MEMBERS OF THE CORPORATION; 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 TO PROMOTE THE VOLUNTEER FIRE SERVICE WITHIN THE
 TERRITORY PROTECTED BY THE SOUTH LOCKPORT FIRE COMPANY, INCORPORATED.
   § 4. Powers and duties. Such corporation shall have all of the  powers
 of  a [membership] NOT-FOR-PROFIT corporation, and the provisions of law
 relating to [membership] NOT-FOR-PROFIT corporations shall apply to such
 corporation except where they conflict with the provisions of this  act.
 However,  unless  the  written  approval  of  the  state board of social
 welfare shall have first been obtained this corporation shall not estab-
 lish and maintain any home or institution which, if separately  incorpo-
 rated, would require the approval of such board.
   THE  SOUTH  LOCKPORT VOLUNTEER FIREFIGHTERS' BENEVOLENT ASSOCIATION IS
 ORGANIZED EXCLUSIVELY FOR CHARITABLE, RELIGIOUS, EDUCATIONAL, AND SCIEN-
 TIFIC PURPOSES, INCLUDING, FOR SUCH PURPOSES,  THE  MAKING  OF  DISTRIB-
 UTIONS  TO  ORGANIZATIONS  THAT  QUALIFY  AS  EXEMPT ORGANIZATIONS UNDER
 SECTION  501(C)(3)  OF  THE  INTERNAL  REVENUE  CODE,  OR  CORRESPONDING
 SECTIONS OF ANY FUTURE TAX CODE.
   UPON  DISSOLUTION OF THE ORGANIZATION, ASSETS SHALL BE DISTRIBUTED FOR
 ONE OR MORE EXEMPT PURPOSES WITHIN THE MEANING OF SECTION  501(C)(3)  OF
 THE  INTERNAL  REVENUE  CODE, OR CORRESPONDING SECTION OF ANY FUTURE TAX
 CODE, OR SHALL BE DISTRIBUTED TO THE FEDERAL GOVERNMENT, OR TO  A  STATE
 OR LOCAL GOVERNMENT, FOR A PUBLIC PURPOSE.
   §  7.  Precept for payment of foreign fire insurance premium taxes. A.
 Such corporation shall collect and there shall be paid to it  all  taxes
 imposed  by section [five hundred fifty-three] NINE THOUSAND ONE HUNDRED
 FOUR of the insurance law for fire  department  use  and  benefit,  upon
 premiums  for insurance against loss or damage by fire covering property
 situated within the Town of Lockport Fire Protection  District,  Niagara
 county,  New  York  or  within any duly organized territory in which the
 South Lockport Fire Company, Incorporated is  or  may  be  obligated  to
 render fire protection pursuant to contract.
   B.  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.
 S. 8306                             3
 
   C.  Such  corporation shall also be entitled to receive a share of the
 tax imposed by section  [five  hundred  fifty-four]  NINE  THOUSAND  ONE
 HUNDRED  FIVE  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 [five hundred fifty-three] NINE THOUSAND
 ONE HUNDRED FOUR of the insurance law.
   D. Such taxes shall only be used [for the care and relief of  disabled
 or  indigent  volunteer and exempt volunteer firemen and their families]
 BY THE CORPORATION IN FURTHERANCE  OF  ITS  PURPOSES  AS  SET  FORTH  IN
 SECTION THREE OF THIS ACT.
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 7 of chapter 978 of the laws of 1966  made  by
 section one of this act shall apply to taxes due on premiums received on
 and after January 1, 2026.