S T A T E O F N E W Y O R K
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6702
2021-2022 Regular Sessions
I N S E N A T E
May 12, 2021
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Introduced by Sen. RATH -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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
S. 6702 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.
S. 6702 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.