S T A T E O F N E W Y O R K
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4742--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. STERN -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to incorporate the Volunteer Exempt Firefighter's Benevolent
Association of Huntington Manor 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
Huntington Manor" 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 Huntington Manor Volunteer Fire Depart-
ment, Inc., a volunteer fire company, in writing prior to the organiza-
tion 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) shall 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 Huntington
Manor Fire District in the county of Suffolk, 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 Huntington Manor Volunteer Fire Department,
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 Huntington Manor Volunteer
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07051-02-9
A. 4742--A 2
Fire Department, 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 Huntington Manor Volun-
teer Fire Department, Inc. prior to the actual performance by such
person of five years service as an active volunteer member of the Hunt-
ington Manor Volunteer Fire Department, Inc. paid firefighters, if any,
of the Huntington Manor Volunteer Fire Department, 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 such 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 such Huntington Manor
Volunteer Fire Department, 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 Huntington
Manor Volunteer Fire Department, 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 Huntington Manor Volunteer
Fire Department, 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 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 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.
A. 4742--A 3
§ 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 the Huntington Manor Fire District, in the
county of Suffolk, or within any duly organized territory in which the
Huntington Manor Volunteer Fire Department 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 shall have all the
powers and be subject to all the provisions of the insurance law, relat-
ing 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 by 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, 2020.