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A07377 Summary:

BILL NOA07377
 
SAME ASSAME AS S07116
 
SPONSORConrad
 
COSPNSR
 
MLTSPNSR
 
 
Provides for the incorporation of the Kenilworth Volunteer Fire Co. #1 Benevolent Association and for its powers and duties.
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A07377 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7377
 
SPONSOR: Conrad
  TITLE OF BILL: An act to incorporate the Kenilworth Volunteer Fire Co. #1 Benevolent Association and providing for its powers and duties   PURPOSE OR GENERAL IDEA OF BILL: to create a non-for-profit corporation for the Kenilworth Fire Company that will provide relief, aid and assistance to members who are indi- gent, disabled, or injured in the performance of their duties   SUMMARY OF PROVISIONS: 1. Incorporation, membership details 2. The effective date   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): NA   JUSTIFICATION: This bill will allow for the formation of a non-for-profit Benevolent Association to provide a variety of services to the members of the Kenilworth Volunteer Fire Company and their families.   PRIOR LEGISLATIVE HISTORY: none   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: NA   EFFECTIVE DATE: 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.
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A07377 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7377
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2021
                                       ___________
 
        Introduced by M. of A. CONRAD -- read once and referred to the Committee
          on Local Governments
 
        AN  ACT  to  incorporate the Kenilworth Volunteer Fire Co. #1 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:

     1    Section  1. Incorporation; membership. A not-for-profit corporation by
     2  the name of "Kenilworth Volunteer Fire Co. #1 Benevolent Association" is
     3  hereby created. It shall be composed of such persons eligible to member-
     4  ship therein as hereinafter provided and shall (a) notify the  secretary
     5  of the Kenilworth Volunteer Fire Co. #1, Inc., a volunteer fire company,
     6  in writing prior to the organization meeting hereinafter provided for of
     7  the  corporation  created by this act of their desire to become members,
     8  or (b) attend such meeting or an adjournment thereof and  signify  their
     9  intention  of  becoming  members of such corporation at such meeting, or
    10  (c) notify the secretary of the corporation hereby  created  in  writing
    11  within  sixty  days  after his or her election of their desire to become
    12  members thereof, and also such persons so  eligible  as  may  thereafter
    13  become members of such corporation pursuant to its by-laws.
    14    § 2. Persons eligible for membership. All persons who are now, or have
    15  been,  or  hereafter shall be active volunteer members of the Kenilworth
    16  Volunteer Fire Co. #1, Inc. in the county of Erie, and who have acquired
    17  or shall hereafter acquire the status of exempt volunteer firefighter as
    18  defined in section 200 of the general municipal law by virtue of  having
    19  rendered  service  in  Kenilworth  Volunteer Fire Co. #1, Inc., shall be
    20  eligible for membership in the corporation created by this  act,  except
    21  that any firefighter who has been removed for cause, expelled or dropped
    22  from  the  rolls  of the Kenilworth Volunteer Fire Co. #1, Inc., and who
    23  has not been reinstated therein, shall not be eligible for membership in
    24  such corporation. The membership of any person in such corporation shall
    25  terminate upon the withdrawal of such  person  as  an  active  volunteer
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10907-01-1

        A. 7377                             2
 
     1  member of the Kenilworth Volunteer Fire Co. #1, Inc. prior to the actual
     2  performance by such person of five years' service as an active volunteer
     3  member  of  Kenilworth Volunteer Fire Co. #1, Inc. Paid firefighters, if
     4  any,  of the Kenilworth Fire District, shall not be eligible for member-
     5  ship in the corporation.
     6    § 3. Purposes. The purposes of the corporation  created  by  this  act
     7  are:   to provide relief, aid and assistance to the volunteer members of
     8  such corporation who are indigent, disabled or injured in  the  perform-
     9  ance  of  their duties, and their families; to maintain a suitable head-
    10  quarters for the members of the corporation; to  promote  and  safeguard
    11  the welfare of the volunteer members of the corporation, and their fami-
    12  lies;  to  provide for the health and safety of the volunteer members of
    13  the corporation; and to enhance the morale of the volunteer  members  of
    14  the  corporation by providing social and recreational activities for the
    15  volunteer members of the corporation, and the promotion of the volunteer
    16  fire service within the territory protected by Kenilworth Volunteer Fire
    17  Co. #1, Inc.
    18    § 4. Powers and duties. Such corporation shall have all the powers  of
    19  a  not-for-profit  corporation,  and  the  provisions of law relating to
    20  not-for-profit corporations shall apply to this corporation except where
    21  they conflict with the provisions of this act. However, unless the writ-
    22  ten approval of the applicable governmental agency or  department  shall
    23  have  first been obtained such corporation shall not establish and main-
    24  tain any home or institution which, if  separately  incorporated,  would
    25  require the approval of such department.
    26    §  5.  Organization  meeting; by-laws. The secretary of the Kenilworth
    27  Volunteer Fire Co. #1, Inc. shall call a meeting for the organization of
    28  such corporation to be held not later than 60 days after this act  takes
    29  effect,  notice  of  which shall be given be the secretary by posting or
    30  causing to be posted a notice thereof in five conspicuous places  within
    31  the  territory  protected  by the Kenilworth Volunteer Fire Co. #1, Inc.
    32  and also by publication of notice thereof  in  one  or  more  newspapers
    33  having a general circulation within such territory, and such posting and
    34  publication shall be effected at least 10 days prior to the date of such
    35  meeting. At such meeting or any adjournment thereof, the members of such
    36  corporation  shall  present  and  adopt  by-laws  and elect officers and
    37  directors to serve until the first annual meeting which shall be held on
    38  a date to be fixed by the by-laws. Any member failing to comply with the
    39  by-laws, rules or regulations duly adopted by such corporation shall  be
    40  subject  to  suspension  and expulsion in such manner as may be provided
    41  for in such by-laws. Any members who ceases to be such,  voluntarily  or
    42  otherwise,  shall  forfeit  all  interest in the property of such corpo-
    43  ration.
    44    § 6. Control and disposal of  funds  and  property.  The  control  and
    45  disposal of the funds and property of the said corporation, the exercise
    46  of  its powers, and the management and control of its affairs, except as
    47  hereinafter provided, shall be vested in and exercised  by  a  board  of
    48  trustees  which  shall  consist  of no less than 7 members of the corpo-
    49  ration, to wit: the president, the  vice-president,  the  secretary  and
    50  treasurer  and  three  other  members  having the title of trustee. Such
    51  officers and trustees shall be elected at the  annual  meeting  of  such
    52  corporation in the manner prescribed by its by-laws.
    53    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    54  corporation  shall  collect  and  there  shall  be  paid to it all taxes
    55  imposed by section 9104 of the insurance law for fire department use and
    56  benefit, upon premiums for insurance against  loss  or  damage  by  fire

        A. 7377                             3

     1  covering  property  situated  in the Kenilworth Fire District, county of
     2  Erie, or within any duly organized territory  in  which  the  Kenilworth
     3  Volunteer  Fire  Co.  #1,  Inc.  is  or  may be obligated to render fire
     4  protection. The officer of said corporation designated by its by-laws to
     5  collect  and  receive the aforesaid tax shall have all the powers and be
     6  subject to all the provisions of the insurance law, relating to treasur-
     7  ers of fire departments. Such corporation  shall  also  be  entitled  to
     8  receive a share of the tax imposed by section 9105 of the insurance law,
     9  based  upon  the business written in the territory with respect to which
    10  it is entitled to collect and receive the tax under section 9104 of  the
    11  insurance  law.    Such  taxes  shall only be used by the corporation in
    12  furtherance of its purposes as set forth in section three of this act.
    13    § 8. This act shall take effect immediately; provided,  however,  that
    14  the  provisions of section seven of this act shall apply to taxes due on
    15  premiums received on and after January 1, 2022.
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