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AN ACT to incorporate the Somers Exempt Volunteer Firemen's Benevolent Association, and providing for its powers and duties
Became a law June 7, 1977, with the approval of the Governor. Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in the Senate and Assembly, do enact as follows:
Section 1. Incorporation; membership. A not-for-profit corporation by the name of "Somers Exempt Volunteer Firemen's Benevolent Association" is hereby created. It shall be composed of such persons eligible to membership therein as hereinafter provided as shall (a) notify the secretary of the Somers Fire Department, Incorporated, 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) shall attend such meeting or an adjournment thereof, and also such persons so eligible as may thereafter become members of such corporation pursuant to its by -laws.
Section 2. Persons eligible to membership. All persons who are now, or have been, or hereafter shall be active volunteer members of the Somers Fire Department, Incorporated, in the town of Somers, county of Westchester, or of any fire company in such fire district and who have acquired or shall hereafter acquire the status of exempt volunteer firemen as defined in section two hundred of the general municipal law by virtue of having rendered service in such fire department or fire company, and all persons who are now or hereafter shall be active volunteer members of such fire department, shall be eligible for membership in the corporation created by this act, except that any fireman who has been removed for cause, expelled or dropped from the rolls of any fire company or fire department, and who has not been reinstated therein, shall not be eligible for membership in such corporation. The membership of any person in such corporation shall terminate when his membership as an active volunteer member of the Somers Fire Department, Incorporated, shall terminate before such person shall have acquired the status of exempt fireman as defined in section two hundred of the general municipal law by virtue of having rendered service in such district.
Section 3. Purposes. The purposes of such corporation shall be the maintenance of suitable headquarters for, and the promotion of fraternal intercourse among the members of such corporation, the relief, aid and assistance of such members and their families who are disabled or indigent and the promotion of the welfare of the volunteer fire service within the Somers Fire District and, if any, the territory provided with fire protection by contract with such fire district.
Section 5. Organization meeting by-laws. The secretary of the Somers Fire Department, Incorporated shall call a meeting for the organization of such corporation to be held not later than three months after this act takes effect, notice of which shall be given by him by posting or causing to be posted a notice thereof in five conspicuous places within the territory protected by the Somers Fire Department, Incorporated and also by publication of notice thereof in one or more newspapers having a general circulation within such territory, and such posting and publication shall be effected 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 trustees 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 any 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 corporation.
Section 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 affaires shall be vested in and exercised by a board of trustees which shall consist of seven members of such corporation, to wit: the president, the vice-president, the secretary, the 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.
Section 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 five hundred fifty-three of the insurance law for fire department use and benefit, upon premiums for insurance against loss or damage by fire covering property situated in the Somers Fire District, in the town of Somers, county of Westchester, or within any duly organized territory in which the fire district 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, relating to treasurers of fire departments. Such corporation shall also be entitled to receive a share of the tax imposed by section five hundred fifty-four 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 five hundred fifty-three of the insurance law. Such taxes shall only be used for the care and relief of disabled or indigent volunteer and exempt volunteer firemen and their families.
Section 8. This act shall take effect immediately but the provisions of section seven shall apply to taxes due on premiums received after January first, nineteen hundred seventy-seven.
State of New York, Department of State ss.:
I have compared the preceding with the original law on file in this department, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law.
Given under my hand and the official seal of the Department of State, at the City of Albany, this twentieth day of December in the year one thousand nine hundred and eighty-eight.
Gail S. Snaffer, Secretary of State
Nathan A. Hamm, Deputy Secretary of State
382004-005(8/83)
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