S T A T E   O F   N E W   Y O R K
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                                   8531
 
                             I N  S E N A T E
 
                               June 8, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend chapter 598 of the laws of 1938 relating to  incorporat-
   ing  the  volunteer  and  exempt  firemen's  benevolent association of
   Briarcliff Manor, New York, and providing for its powers  and  duties,
   in  relation to changing the form of the benevolent from a corporation
   to an unincorporated association
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections  1, 2, 3, 4, 5, 6, 7 and 8 of chapter 598 of the
 laws of 1938 relating to incorporating the volunteer  and  exempt  fire-
 men's  benevolent association of Briarcliff Manor, New York, and provid-
 ing for its powers and duties, are amended to read as follows:
   Section 1. Volunteer and exempt [firemen's]  FIREFIGHTERS'  benevolent
 association of Briarcliff Manor, New York. 1. A membership [corporation]
 ASSOCIATION  by the name of "Volunteer and Exempt [Firemen's] FIREFIGHT-
 ERS' Benevolent Association of Briarcliff Manor,  New  York"  is  hereby
 created.
   2.  All  persons  who  now are or have been, or who hereafter shall be
 volunteer members of the village of Briarcliff Manor fire department, or
 of any fire engine, hook and ladder, patrol, emergency rescue  squad  or
 hose  company in the village of Briarcliff Manor or in any fire district
 outside of but contiguous to such fire district which contracts with the
 village of Briarcliff Manor for fire protection pursuant to the  law  in
 such  case  made and provided, and all persons in any such fire district
 and in such village who are entitled to the general exemptions of [fire-
 men] FIREFIGHTERS therein as provided in section two  hundred-a  of  the
 general  municipal  law,  and  two  hundred nine of the village law, AND
 SUCCESSOR STATUTES respectively, and acts amendatory thereof or  supple-
 mental  thereto;  or  of  any other applicable law, shall be eligible to
 membership therein.
   3. Nothing contained herein or in the village law or  any  other  such
 applicable law shall preclude a person from membership in such Volunteer
 and  Exempt  [Firemen's]  FIREFIGHTERS' Benevolent Association of Briar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15696-01-0

 S. 8531                             2
 
 cliff Manor, New York, who resides in a fire district  outside  of,  but
 contiguous to the village of Briarcliff Manor, when the fire commission-
 ers  of such districts have contracted with the board of trustees of the
 village  of  Briarcliff Manor, for fire protection under and pursuant to
 the provisions of law in such case made and provided.
   § 2. Purposes [and duty] of the association. The purposes and duty  of
 the  association  is to provide relief [to indigent and disabled firemen
 and their families], AID AND ASSISTANCE TO THE MEMBERS  OF  THE  ASSOCI-
 ATION WHO ARE INDIGENT OR DISABLED OR WHO ARE INJURED IN THE PERFORMANCE
 OF THEIR DUTIES, AND THEIR FAMILIES; TO MAINTAIN A SUITABLE HEADQUARTERS
 FOR THE MEMBERS OF THE ASSOCIATION; TO PROMOTE AND SAFEGUARD THE WELFARE
 OF  THE  MEMBERS  OF THE ASSOCIATION, AND THEIR FAMILIES; TO PROVIDE FOR
 THE HEALTH AND SAFETY OF THE MEMBERS OF THE ASSOCIATION, AND THEIR FAMI-
 LIES; TO ENHANCE THE MORALE OF THE MEMBERS OF THE ASSOCIATION BY PROVID-
 ING SOCIAL AND RECREATIONAL ACTIVITIES FOR THE MEMBERS  OF  THE  ASSOCI-
 ATION; TO PROMOTE FRIENDLY ASSOCIATION FOR THE BETTERMENT OF THE MEMBERS
 OF THE ASSOCIATION AND THEIR FAMILIES WITH THE COMMUNITY, AND TO PROMOTE
 THE  VOLUNTEER FIRE SERVICE WITHIN THE TERRITORY PROTECTED BY THE BRIAR-
 CLIFF MANOR FIRE DEPARTMENT.
   § 3. Powers and duties of  the  association.  The  [said]  association
 shall have power to purchase, lease, take and hold, transfer and convey,
 and to acquire by gift, devise or bequest real and personal property for
 its  [corporate  purpose] PERMITTED PURPOSES. The association shall have
 power to sue and be sued; may have and use a seal and alter the same  at
 pleasure;  may  make  contracts,  execute instruments and do any and all
 things necessary to carry out its purposes or effectuate its powers; may
 adopt a constitution and by-laws, may make rules and regulations for the
 government of said association, and the regulation and management of its
 affairs and for the voluntary withdrawal, censure, suspension and expul-
 sion of its members, for the establishment and collection  of  the  fees
 and  dues of its members, for the election of its officers and the safe-
 keeping of its property and from time  to  time  to  alter,  modify  and
 change  such constitution, by-laws, rules and regulations. Said officers
 and trustees shall be chosen after the first  annual  meeting  by  those
 members  of [said] THE association who are now or may be entitled by the
 constitution, by-laws and rules of [said] THE association to  vote.  The
 officers  and  trustees  of said association shall hold their respective
 offices for one year, and until their successors are chosen.
   § 4. Control and disposal of funds. The control and disposal of funds,
 property and estate of the [said] THE association, the exercise  of  its
 powers, and the management and control of its affairs shall be vested in
 and  exercised by a board of seven trustees, composed of the officers of
 [said corporation] THE ASSOCIATION who shall be the president, the vice-
 president, the secretary, the treasurer and three trustees. The  members
 of  such  board  of  trustees  shall be elected at the annual meeting of
 [said] THE association.
   § 5. Meetings of the association. The first annual meeting  of  [said]
 THE  association  shall  be held on the fourth Monday in April, nineteen
 hundred thirty-eight, at the municipal building in the village of Briar-
 cliff Manor at eight o'clock in the evening  thereof,  and  each  annual
 meeting  thereafter shall be held as provided in the by-laws, during the
 corporate existence of the association, at such time and place as  shall
 be  designated by the board of trustees thereof. It shall be the duty of
 the [village clerk of the village of Briarcliff Manor] SECRETARY OF  THE
 ASSOCIATION  to mail a notice of such meeting to all persons entitled to
 membership in the association whose names and  addresses  are  known  to

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 such  [village  clerk] SECRETARY.   Such notice shall be mailed at least
 ten days prior to such meeting.  All other and further meetings  of  the
 association shall be provided for in the by-laws.
   § 6. Termination of membership. The membership of any person in [said]
 THE association shall be terminated by his OR HER death or by his OR HER
 voluntary  withdrawal  therefrom,  or  by  expulsion  therefrom, and the
 manner of such withdrawal or expulsion of members  shall  be  determined
 and provided for by the by-laws of [said] THE association, and upon such
 death,  withdrawal or expulsion, all and every right, title and interest
 of the person whose membership is so terminated, in or to or  by  reason
 of  [said]  THE  association,  by reason of his OR HER former membership
 therein, or in or to its property or affects, shall except by the unani-
 mous consent of the board of trustees of [such] THE  association,  cease
 and forever to be at an end.
   §  7.  Failure to elect officers and trustees. In case it shall at any
 time happen that an election of trustees or officers of this association
 shall not be held on the day designated therein, [said] THE association,
 for that cause, shall not be dissolved, but it shall and may  be  lawful
 on  any  other day to hold an election for trustees and officers in such
 manner and at such time and place as may be directed by [such] THE asso-
 ciation.
   § 8. Precept of payment of foreign  fire  insurance  companies.  [Such
 corporation] THE ASSOCIATION shall collect and there shall be paid to it
 all  tax  imposed  by  section one hundred thirty-three of the insurance
 law, AND SUCCESSOR STATUTES, upon  premiums  on  policies  of  insurance
 covering property situated within the village of Briarcliff Manor, West-
 chester  county,  New  York,  or  within any duly organized territory in
 which the fire department of said fire district is obligated  to  render
 fire  protection,  except  that [said corporation] THE ASSOCIATION shall
 remit such percentage of all taxes so collected or paid to  it,  to  the
 treasurer  of the firemen's association of the state of New York, as may
 be required by the insurance law. The officer of [said corporation]  THE
 ASSOCIATION  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  section  one hundred thirty-three of the insurance law AND SUCCESSOR
 STATUTES, relating to the treasurer of fire  departments.  [Such  corpo-
 ration] THE ASSOCIATION shall also be entitled to receive a share of the
 tax  imposed  by  section one hundred forty-nine-a of the insurance law,
 AND SUCCESSOR STATUTES, based upon the business written in the territory
 with respect to which it is entitled to  collect  and  receive  the  tax
 under  section one hundred thirty-three of the insurance law AND SUCCES-
 SOR STATUTES. [Such corporation] THE ASSOCIATION shall also be  entitled
 to  receive and collect all taxes heretofore due and owing and unpaid at
 the time of the creation of [this corporation] THE ASSOCIATION.
   § 2. This act shall take effect immediately.