S T A T E O F N E W Y O R K
________________________________________________________________________
6783
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. SIMPSON -- read once and referred to the Commit-
tee on Local Governments
AN ACT to incorporate the Salem Volunteer Fire Department Benevolent
Association, 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 "Salem Volunteer 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 Salem Volunteer 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 Salem Volun-
teer Fire Department, Inc. in the county of Washington, 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 Salem Volunteer Fire Department, Inc.,
and all persons who are now or hereafter shall be active volunteer
members of the Salem Volunteer 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 Salem Volunteer Fire Department, Inc., and who has not been
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10769-01-3
A. 6783 2
reinstated therein, shall not be eligible for membership in such corpo-
ration. The membership of any person in such corporation shall terminate
upon the withdrawal of such person as an active volunteer member of the
Salem Volunteer Fire Department, Inc. prior to the actual performance by
such person of five years' service as an active volunteer member of the
Salem Volunteer Fire Department, Inc. Paid firefighters, if any, in the
Salem Volunteer Fire Department, Inc., shall not be eligible for member-
ship 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 Salem Volunteer 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 entity 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 entity.
§ 5. Organization meeting; by-laws. The secretary of the Salem Volun-
teer Fire Department, Inc. shall call a meeting for the organization of
such corporation to be held not later than sixty days after this act
takes effect, notice of which shall be given be the secretary by posting
or causing to be posted a notice thereof in five conspicuous places
within the territory protected by the Salem Volunteer 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 conspicu-
ously posting such notice on the fire company's internet website. Such
posting and publication shall be effectuated at least ten 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 members who cease to be
such, voluntarily or otherwise, shall forfeit all interest in the prop-
erty of such corporation.
§ 6. Control and disposal of funds and property. The control and
disposal of the funds and property of 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 trustees shall be elected at the annual meeting of such
corporation in the manner prescribed by its by-laws.
A. 6783 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 Salem Volunteer Fire Department,
Inc., in the county of Washington, or within any duly organized territo-
ry in which the Salem Volunteer Fire Department, Inc. is or may be obli-
gated to render fire protection. The officer of said corporation desig-
nated 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, 2024.