Bill Text: NY S08531 | 2019-2020 | General Assembly | Introduced

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Bill Title: Changes the form of the Briarcliff Manor fire department benevolent from a corporation to an unincorporated association; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-11-11 - approval memo.13 [S08531 Detail]

Download: New_York-2019-S08531-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8531

                    IN SENATE

                                      June 8, 2020
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend chapter 598 of the laws of 1938 relating to  incorporat-
          ing  the  volunteer  and  exempt  firemen's  benevolent association of
          Briarcliff Manor, New York, and providing for its powers  and  duties,
          in  relation to changing the form of the benevolent from a corporation
          to an unincorporated association

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Sections  1, 2, 3, 4, 5, 6, 7 and 8 of chapter 598 of the
     2  laws of 1938 relating to incorporating the volunteer  and  exempt  fire-
     3  men's  benevolent association of Briarcliff Manor, New York, and provid-
     4  ing for its powers and duties, are amended to read as follows:
     5    Section 1. Volunteer and exempt [firemen's]  firefighters'  benevolent
     6  association of Briarcliff Manor, New York. 1. A membership [corporation]
     7  association  by the name of "Volunteer and Exempt [Firemen's] Firefight-
     8  ers' Benevolent Association of Briarcliff Manor,  New  York"  is  hereby
     9  created.
    10    2.  All  persons  who  now are or have been, or who hereafter shall be
    11  volunteer members of the village of Briarcliff Manor fire department, or
    12  of any fire engine, hook and ladder, patrol, emergency rescue  squad  or
    13  hose  company in the village of Briarcliff Manor or in any fire district
    14  outside of but contiguous to such fire district which contracts with the
    15  village of Briarcliff Manor for fire protection pursuant to the  law  in
    16  such  case  made and provided, and all persons in any such fire district
    17  and in such village who are entitled to the general exemptions of [fire-
    18  men] firefighters therein as provided in section two  hundred-a  of  the
    19  general  municipal  law,  and  two  hundred nine of the village law, and
    20  successor statutes respectively, and acts amendatory thereof or  supple-
    21  mental  thereto;  or  of  any other applicable law, shall be eligible to
    22  membership therein.
    23    3. Nothing contained herein or in the village law or  any  other  such
    24  applicable law shall preclude a person from membership in such Volunteer
    25  and  Exempt  [Firemen's]  Firefighters' Benevolent Association of Briar-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15696-01-0
        S. 8531                             2

     1  cliff Manor, New York, who resides in a fire district  outside  of,  but
     2  contiguous to the village of Briarcliff Manor, when the fire commission-
     3  ers  of such districts have contracted with the board of trustees of the
     4  village  of  Briarcliff Manor, for fire protection under and pursuant to
     5  the provisions of law in such case made and provided.
     6    § 2. Purposes [and duty] of the association. The purposes and duty  of
     7  the  association  is to provide relief [to indigent and disabled firemen
     8  and their families], aid and assistance to the members  of  the  associ-
     9  ation who are indigent or disabled or who are injured in the performance
    10  of their duties, and their families; to maintain a suitable headquarters
    11  for the members of the association; to promote and safeguard the welfare
    12  of  the  members  of the association, and their families; to provide for
    13  the health and safety of the members of the association, and their fami-
    14  lies; to enhance the morale of the members of the association by provid-
    15  ing social and recreational activities for the members  of  the  associ-
    16  ation; to promote friendly association for the betterment of the members
    17  of the association and their families with the community, and to promote
    18  the  volunteer fire service within the territory protected by the Briar-
    19  cliff Manor fire department.
    20    § 3. Powers and duties of  the  association.  The  [said]  association
    21  shall have power to purchase, lease, take and hold, transfer and convey,
    22  and to acquire by gift, devise or bequest real and personal property for
    23  its  [corporate  purpose] permitted purposes. The association shall have
    24  power to sue and be sued; may have and use a seal and alter the same  at
    25  pleasure;  may  make  contracts,  execute instruments and do any and all
    26  things necessary to carry out its purposes or effectuate its powers; may
    27  adopt a constitution and by-laws, may make rules and regulations for the
    28  government of said association, and the regulation and management of its
    29  affairs and for the voluntary withdrawal, censure, suspension and expul-
    30  sion of its members, for the establishment and collection  of  the  fees
    31  and  dues of its members, for the election of its officers and the safe-
    32  keeping of its property and from time  to  time  to  alter,  modify  and
    33  change  such constitution, by-laws, rules and regulations. Said officers
    34  and trustees shall be chosen after the first  annual  meeting  by  those
    35  members  of [said] the association who are now or may be entitled by the
    36  constitution, by-laws and rules of [said] the association to  vote.  The
    37  officers  and  trustees  of said association shall hold their respective
    38  offices for one year, and until their successors are chosen.
    39    § 4. Control and disposal of funds. The control and disposal of funds,
    40  property and estate of the [said] the association, the exercise  of  its
    41  powers, and the management and control of its affairs shall be vested in
    42  and  exercised by a board of seven trustees, composed of the officers of
    43  [said corporation] the association who shall be the president, the vice-
    44  president, the secretary, the treasurer and three trustees. The  members
    45  of  such  board  of  trustees  shall be elected at the annual meeting of
    46  [said] the association.
    47    § 5. Meetings of the association. The first annual meeting  of  [said]
    48  the  association  shall  be held on the fourth Monday in April, nineteen
    49  hundred thirty-eight, at the municipal building in the village of Briar-
    50  cliff Manor at eight o'clock in the evening  thereof,  and  each  annual
    51  meeting  thereafter shall be held as provided in the by-laws, during the
    52  corporate existence of the association, at such time and place as  shall
    53  be  designated by the board of trustees thereof. It shall be the duty of
    54  the [village clerk of the village of Briarcliff Manor] secretary of  the
    55  association  to mail a notice of such meeting to all persons entitled to
    56  membership in the association whose names and  addresses  are  known  to
        S. 8531                             3

     1  such  [village  clerk] secretary.   Such notice shall be mailed at least
     2  ten days prior to such meeting.  All other and further meetings  of  the
     3  association shall be provided for in the by-laws.
     4    § 6. Termination of membership. The membership of any person in [said]
     5  the association shall be terminated by his or her death or by his or her
     6  voluntary  withdrawal  therefrom,  or  by  expulsion  therefrom, and the
     7  manner of such withdrawal or expulsion of members  shall  be  determined
     8  and provided for by the by-laws of [said] the association, and upon such
     9  death,  withdrawal or expulsion, all and every right, title and interest
    10  of the person whose membership is so terminated, in or to or  by  reason
    11  of  [said]  the  association,  by reason of his or her former membership
    12  therein, or in or to its property or affects, shall except by the unani-
    13  mous consent of the board of trustees of [such] the  association,  cease
    14  and forever to be at an end.
    15    §  7.  Failure to elect officers and trustees. In case it shall at any
    16  time happen that an election of trustees or officers of this association
    17  shall not be held on the day designated therein, [said] the association,
    18  for that cause, shall not be dissolved, but it shall and may  be  lawful
    19  on  any  other day to hold an election for trustees and officers in such
    20  manner and at such time and place as may be directed by [such] the asso-
    21  ciation.
    22    § 8. Precept of payment of foreign  fire  insurance  companies.  [Such
    23  corporation] The association shall collect and there shall be paid to it
    24  all  tax  imposed  by  section one hundred thirty-three of the insurance
    25  law, and successor statutes, upon  premiums  on  policies  of  insurance
    26  covering property situated within the village of Briarcliff Manor, West-
    27  chester  county,  New  York,  or  within any duly organized territory in
    28  which the fire department of said fire district is obligated  to  render
    29  fire  protection,  except  that [said corporation] the association shall
    30  remit such percentage of all taxes so collected or paid to  it,  to  the
    31  treasurer  of the firemen's association of the state of New York, as may
    32  be required by the insurance law. The officer of [said corporation]  the
    33  association  designated by its by-laws to collect and receive the afore-
    34  said tax shall have all the powers and be subject to all the  provisions
    35  of  section  one hundred thirty-three of the insurance law and successor
    36  statutes, relating to the treasurer of fire  departments.  [Such  corpo-
    37  ration] The association shall also be entitled to receive a share of the
    38  tax  imposed  by  section one hundred forty-nine-a of the insurance law,
    39  and successor statutes, based upon the business written in the territory
    40  with respect to which it is entitled to  collect  and  receive  the  tax
    41  under  section one hundred thirty-three of the insurance law and succes-
    42  sor statutes. [Such corporation] The association shall also be  entitled
    43  to  receive and collect all taxes heretofore due and owing and unpaid at
    44  the time of the creation of [this corporation] the association.
    45    § 2. This act shall take effect immediately.