S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9614
 
                           I N  A S S E M B L Y
 
                             January 27, 2020
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
   Committee on Local Governments
 
 AN ACT in relation to creating the Davis Park Fire Department 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 the "Davis Park Fire Department Benevolent  Association"  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 Davis Park Fire
 Department, 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 meet-
 ing 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 Davis Park
 Fire Department, Inc. 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  Davis  Park  Fire  Department,  Inc.,  and  all
 persons  who  are  now or hereafter shall be active volunteer members of
 the Davis Park 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
 Davis Park Fire Department, Inc., and who has not been reinstated there-
 in,  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 Davis
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14385-01-9

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 Park Fire Department, Inc. prior  to  the  actual  performance  by  such
 person of five years' service as an active volunteer member of the Davis
 Park  Fire Department, Inc. Paid firefighters, if any, of the Davis Park
 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 disabled or injured in the performance of their
 duties, and their families; to maintain a suitable headquarters for  the
 members of such corporation; 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 Davis Park 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 or governmental agency.
   § 5. Organization meeting; by-laws. The secretary of  the  Davis  Park
 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 Davis Park Fire Department, Inc. 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 posting
 and  publication shall be effectuated 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  corpo-
 ration.
   §  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 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
 imposed by section 9104 of the insurance law for fire department use and
 benefit, upon premiums for insurance against  loss  or  damage  by  fire

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 covering  property protected by the Davis Park Fire Department, Inc., in
 the town of Brookhaven, in the county of Suffolk,  or  within  any  duly
 organized  territory in which the Davis Park Fire Department, Inc. is or
 may  be  obligated to render fire protection. The officer of said corpo-
 ration 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  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, 2021.