Bill Text: NY A05517 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Amsterdam Firefighters' Benevolent Association.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-11-20 - signed chap.433 [A05517 Detail]

Download: New_York-2015-A05517-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5517
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2015
                                      ___________
       Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
         Committee on Local Governments
       AN ACT in relation to  the  creation  of  the  "Amsterdam  Firefighters'
         Benevolent Association"
         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 "Amsterdam Firefighters' Benevolent Association", hereinaft-
    3  er  referred  to  as  the  "association", is hereby created. It shall be
    4  composed of such members eligible for membership therein as  hereinafter
    5  provided  as  shall:  (a)  notify the secretary of the Amsterdam Profes-
    6  sional Firefighters Union in writing prior to the  organization  meeting
    7  hereinafter  provided  for  the corporation created by this act of their
    8  desire to become members; or (b) attend such meeting or  an  adjournment
    9  thereof, and also such persons eligible as may thereafter become members
   10  of such corporation pursuant to its by-laws.
   11    S 2. Persons eligible for membership. All persons who are now or here-
   12  after shall be employed as professional firefighters in the fire depart-
   13  ment  of  the  city of Amsterdam, county of Montgomery shall be eligible
   14  for membership in the corporation created by this act  except  that  any
   15  firefighter  who has been removed for cause from the fire department and
   16  who has not been reinstated therein shall not be eligible for membership
   17  in such corporation. The membership of any person  in  such  corporation
   18  shall  terminate  when  his  membership  in  the  city of Amsterdam fire
   19  department terminates.
   20    S 3.  Purposes.  The  association  shall  have  as  its  purposes  the
   21  promotion  of  a  friendly association for the betterment of its members
   22  and their relations with  the  community,  for  promotion  of  fraternal
   23  intercourse  among  its  members,  to  study  and  disseminate among its
   24  members the most efficient manner of fighting fires and the relief,  aid
   25  and  assistance  of  its  members and their families who are disabled or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01491-01-5
       A. 5517                             2
    1  indigent, and for the promotion of the welfare of the fire service,  and
    2  for any of the foregoing purposes shall have the power to purchase, take
    3  and hold, transfer and convey real and personal property.
    4    S  4. Powers and duties. Such corporation shall have all the powers of
    5  a not-for-profit corporation, and the  provisions  of  law  relating  to
    6  not-for-profit corporations shall apply to such corporation except where
    7  they conflict with the provisions of this act. However, unless the writ-
    8  ten approval of the state board of social services shall have first been
    9  obtained  this  corporation shall not establish and maintain any home or
   10  institution  which,  if  separately  incorporated,  would  require   the
   11  approval of such board.
   12    S  5.  Organization  meeting;  by-laws. The secretary of the Amsterdam
   13  Professional Firefighters' Union shall call a meeting for the  organiza-
   14  tion  of  such  corporation to be held not later than three months after
   15  the effective date of this act, notice of which shall be given by him by
   16  posting or causing to be posted a notice  thereof  in  five  conspicuous
   17  places  within  the  territory  protected  by the city of Amsterdam fire
   18  department and also by publication of notice  thereof  in  one  or  more
   19  newspapers  having a general circulation within such territory, and such
   20  posting and publication shall be effected at least ten days prior to the
   21  date of such meeting. At such meeting or  any  adjournment  thereof  the
   22  members  of such corporation present shall adopt by-laws and elect offi-
   23  cers and trustees to serve until the first annual meeting which shall be
   24  held on a date to be fixed by the by-laws. Any member failing to  comply
   25  with  the by-laws, rules or regulations duly adopted by such corporation
   26  shall be subject to suspension and expulsion in such manner  as  may  be
   27  provided  for  in such by-laws. Any member who ceases to be such, volun-
   28  tarily or otherwise, shall forfeit all interest in the property of  such
   29  corporation.
   30    S  6.  Control  and  disposal  of  funds and property. The control and
   31  disposal of the funds of property of such corporation, the  exercise  of
   32  its powers, and the management and control of its affairs shall be vest-
   33  ed  in and exercised by a board of trustees which shall consist of seven
   34  members of such corporation, viz: the president, the vice-president, the
   35  secretary, the treasurer and three other members  having  the  title  of
   36  trustee.  Such officer and trustees shall be elected at the annual meet-
   37  ing of such corporation in the manner prescribed by its by-laws.
   38    S 7. Precept for payment of foreign fire insurance premium taxes. Such
   39  corporation shall collect and there  shall  be  paid  to  it  all  taxes
   40  imposed by section 9104 of the insurance law for fire department use and
   41  benefit,  upon  premiums  for  insurance  against loss or damage by fire
   42  covering property situated in the city of Amsterdam, county of  Montgom-
   43  ery.  The  officer  of  such  corporation  designated  by its by-laws to
   44  collect and receive the aforesaid tax shall have all the powers  and  be
   45  subject  to  all the provisions of the insurance law, relating to treas-
   46  ures of fire departments. Such corporation shall  also  be  entitled  to
   47  receive a share of the tax imposed by section 9105 of the insurance law,
   48  based  upon  the business written in the territory with respect to which
   49  it is entitled to collect and receive the tax under section 9104 of  the
   50  insurance  law. Such taxes shall only be used for the use and benefit of
   51  the fire department.
   52    S 8. The city of Amsterdam shall  pay  over  to  the  association  any
   53  foreign  fire insurance monies in its custody. These monies will be used
   54  for the purposes set forth in section three of this act.
   55    S 9. This act shall take effect January 1, 2017.