S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7645
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to incorporate the East Amherst Fire Department Benevolent  Asso-
   ciation, 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 the "East Amherst Fire Department Benevolent Association" is
 hereby created. It shall be composed of such persons eligible to member-
 ship therein as shall be provided pursuant to the provisions of this act
 and  shall (a) notify the secretary of the East Amherst 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  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 East Amherst
 Fire Department, Inc. in the county of Erie, 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  East  Amherst Fire Department, Inc., and all
 persons who are now or hereafter shall be active  volunteer  members  of
 the East Amherst 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
 East  Amherst  Fire  Department,  Inc.,  and who has not been reinstated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11280-01-1

 A. 7645                             2
 
 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  East
 Amherst  Fire  Department,  Inc. prior to the actual performance by such
 person of five years' service as an active volunteer member of the  East
 Amherst  Fire  Department,  Inc.  Paid firefighters, if any, of the East
 Amherst 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 or disabled or injured in the perform-
 ance  of  their duties, and their families; to maintain a suitable head-
 quarters for the members of the 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  the  East  Amherst  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 East Amherst
 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 East Amherst 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 7 members of the corpo-
 ration, to wit: the president, the  vice-president,  the  secretary  and
 treasurer and 3 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.

 A. 7645                             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 East Amherst Fire Department, Inc.,
 in the county of Erie, or within any duly organized territory  in  which
 the  East Amherst Fire Department, 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, 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 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, 2022.