S T A T E O F N E W Y O R K
________________________________________________________________________
3476
2019-2020 Regular Sessions
I N S E N A T E
February 7, 2019
___________
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 creating the Jamison Road Volunteer Fire Benevo-
lent Association, Inc.
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 "Jamison Road Volunteer Fire Benevolent Association,
Inc." 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 Jamison Road Volun-
teer 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 Jamison Road
Volunteer Fire Company, Inc. in the county of Erie, 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 Jamison Road Volunteer Fire Company,
Inc., and all persons who are now or hereafter shall be active volunteer
members of the Jamison Road 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 rolls of the Jamison Road Volunteer Fire Company, Inc., and who
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07944-01-9
S. 3476 2
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 Jamison Road Volunteer Fire Company, Inc. prior to the
actual performance by such person of five years service as an active
volunteer member of the Jamison Road Volunteer Fire Company, Inc. Paid
firefighters, if any, of the Jamison Road 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 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 Jamison Road Volunteer Fire Compa-
ny, 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 Jamison Road
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 Jamison Road Volunteer Fire Compa-
ny, Inc. and also by publication of notice thereof in one or more news-
papers 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 adjourn-
ment 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 directors shall be elected at the annual meeting of such
corporation in the manner prescribed by its by-laws.
S. 3476 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 protected by the Jamison Road Volunteer Fire Company,
Inc., in the town of Elma, in the county of Erie, or within any duly
organized territory in which the Jamison Road 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
aforesaid tax shall have all the powers and be subject to all the
provisions of the insurance law, relating to treasurers of fire depart-
ments. Such corporation shall also be entitled to receive a share of the
tax imposed by section 9105 of the insurance law, based upon the busi-
ness 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, 2020.
