Senate Bill S9968

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9968
 
                             I N  S E N A T E
 
                              April 20, 2026
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to establishing the Harris Hill Volunteer Fire Compa-
   ny 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 "Harris Hill Volunteer Fire Company 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 Harris Hill Volunteer
 Fire  Company,  a volunteer fire company, in writing prior to the organ-
 ization 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 Harris Hill
 Volunteer Fire Company, 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  the  Harris  Hill Volunteer Fire Company, and all
 persons who are now or hereafter shall be active  volunteer  members  of
 the Harris Hill Volunteer Fire Company, 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
 Harris  Hill  Volunteer  Fire  Company,  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  Harris
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15556-01-6
 S. 9968                             2
 
 Hill  Volunteer  Fire  Company,  prior to the actual performance by such
 person of five years service as an active  volunteer  member  of  Harris
 Hill  Volunteer  Fire  Company. Paid firefighters, if any, of the Harris
 Hill Volunteer Fire Company, 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 Harris Hill Volunteer
 Fire Company.
   § 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 Harris Hill
 Volunteer Fire Company shall call a meeting for the organization 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 Harris Hill Volunteer Fire Company 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 post-
 ing and publication shall be effectuated at least ten 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 member, who ceases to be
 such, voluntarily or otherwise, shall forfeit all interest in the  prop-
 erty 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
 imposed by section 9104 of the insurance law for fire department use and
 S. 9968                             3
 
 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 Harris Hill  Volunteer  Fire  Company,  or
 within  any  duly organized territory in which the Harris Hill Volunteer
 Fire Company is or may be obligated to render fire protection. The offi-
 cer 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.