S T A T E O F N E W Y O R K
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7868--A
Cal. No. 946
I N S E N A T E
March 5, 2018
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Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to incorporate the Volunteer Exempt Firefighter's Benevolent
Association of Whitehall, New York 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 "Volunteer Exempt Firefighter's Benevolent Association of
Whitehall, New York" is hereby created. It shall be composed of such
persons eligible to membership therein as shall be provided pursuant to
the provisions of this act and shall (a) notify the secretary of the
Whitehall 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 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 Whitehall
Volunteer Fire Company, Inc. in the county of Washington, 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 Whitehall Volunteer Fire Company,
Inc., and all persons who are now or hereafter shall be active volunteer
members of the Whitehall 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14804-05-8
S. 7868--A 2
rolls of the Whitehall 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 active volunteer
member of the Whitehall Volunteer Fire Company, Inc. prior to the actual
performance by such person of five years service as an active volunteer
member of the Whitehall Volunteer Fire Company, Inc. Paid firefighters,
if any, of the Whitehall 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 disabled or injured in the performance of their
duties, 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; 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 Whitehall 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.
§ 5. Organization meeting; by-laws. The secretary of the Whitehall
Volunteer Fire Company, Inc. shall call a meeting for the organization
of such corporation 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 territory protected by the Whitehall Volunteer Fire Company,
Inc. and also by publication of notice thereof in one or more newspapers
having a general circulation 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 present shall 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 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 directors 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
S. 7868--A 3
imposed by article 91 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 Whitehall fire protection district, in
the town of Whitehall and county of Washington, or within any duly
organized territory in which the Whitehall 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 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 article 91 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 article 91 of the insurance law. Such taxes shall
only be used for the care and relief of disabled or indigent volunteer
and exempt volunteer firefighters and their families.
§ 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, 2019.
