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A 11058

Establishes the Harris Hill Volunteer Fire Company Benevolent Association

2025 Regular Session Introduced by Paul Bologna

Establishes a not-for-profit benevolent association to provide relief, welfare, and programs for Harris Hill Volunteer Fire Company’s active volunteers and their families.

SUBSTITUTED BY S9968
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Bill Summary · A 11058

Bill A. 11058 (2025-2026) – New York

Title

Establishes the Harris Hill Volunteer Fire Company Benevolent Association

Purpose and Intent

Creates a new not-for-profit corporation, the Harris Hill Volunteer Fire Company Benevolent Association (the “Association”), to support active volunteer members of the Harris Hill Volunteer Fire Company (in Erie County). The Association is intended to provide relief and assistance to indigent, disabled, or injured volunteer members and their families, promote member welfare, health and safety, and enhance morale and social aspects of service, while promoting the volunteer fire service within the Harris Hill service territory.

Key Provisions

1) Incorporation and Membership (Section 1)

  • Establishes the Association as a not-for-profit corporation.
  • Mechanisms for joining:
    • Prospective members must notify the Harris Hill Fire Company secretary before an organization meeting, or
    • Attend the meeting/adjournment to signify intent to join, or
    • Notify within 60 days after election of desire to join.
  • Members who meet eligibility criteria may join per the by-laws.

2) Eligibility for Membership (Section 2)

  • Eligible: current and former active volunteer members of the Harris Hill Volunteer Fire Company who have or will acquire exempt volunteer firefighter status under Section 200 of the General Municipal Law due to service with Harris Hill.
  • Ineligible: paid firefighters of Harris Hill.
  • Membership terminates if the person withdraws as an active volunteer member; also excludes those removed for cause who have not been reinstated.
  • Service requirement: a member’s eligibility does not extend past five years of service as an active volunteer before eligibility in the Association is noted? (Text indicates termination if not five years of service before actual performance of five years? The exact sentence: “prior to the actual performance by such person of five years service as an active volunteer member of Harris Hill Volunteer Fire Company.” Might imply some condition on eligibility timing.)

3) Purposes (Section 3)

  • Provide relief, aid, and assistance to indigent, disabled, or injured volunteers and their families.
  • Maintain suitable facilities/headquarters.
  • Promote welfare and safety of members and families.
  • Provide health, safety, and recreational/social activities.
  • Promote the volunteer fire service within Harris Hill’s service territory.

4) Powers and Duties (Section 4)

  • The Association has the powers of a not-for-profit corporation, subject to applicable law.
  • Cannot establish or maintain any home or institution without prior written approval from the relevant governmental agency or department.

5) Organization Meeting and By-Laws (Section 5)

  • Secretary of the Harris Hill Fire Company must organize a meeting within 60 days after passage.
  • Notice must be posted in five conspicuous places in the service territory, published in newspapers, and posted on the fire company’s website (at least 10 days prior to the meeting).
  • At the meeting or adjournment: members adopt by-laws and elect officers and directors to serve until the first annual meeting (date to be fixed by by-laws).
  • Sanctions for non-compliance with by-laws/rules; possible suspension/expulsion.
  • Withdrawal terminates interest in Association property.

6) Governance (Section 6)

  • Control and disposal of funds and property, and management, rest with a Board of Trustees (minimum seven members): President, Vice-President, Secretary, Treasurer, and three other Trustees.
  • Officers and trustees elected at the annual meeting per by-laws.

7) Taxes on Insurance Premiums (Section 7)

  • The Association will collect and be paid all taxes (Fire Department Use and Benefit taxes) under Section 9104 of the Insurance Law for fire insurance premiums on properties within the Harris Hill territory (part of Clarence, NY, Erie County) and areas the fire company serves.
  • The designated Association officer will have powers and responsibilities similar to a fire department treasury for these funds.
  • The Association is entitled to a portion of the tax under Section 9105, based on business written in the territory for which it collects under Section 9104.
  • Taxes collected must be used to further the Association’s purposes (Section 3).

8) Effective Date (Section 8)

  • Act takes effect immediately.
  • Provisions of Section 7 (taxes) apply to premiums received and due on and after January 1, 2027.

Administrative and Timeline Details

  • Immediate enactment upon signed/passed status.
  • Organization meeting within 60 days of enactment.
  • Tax provisions for 2027 onward (Section 7).

Potential Impact

  • Creates a formal benevolent association to support Harris Hill volunteer firefighters, potentially enhancing financial relief, health and safety, morale, and social programs for members and families.
  • Establishes governance, eligibility rules, and organizational structure (board of trustees).
  • Provides a mechanism to collect and use insurance premium taxes tied to fire protection in the Harris Hill service area to fund Association activities.
  • Excludes paid firefighters from eligibility, focusing benefits on active volunteer members.
  • Requires coordination with and approval by relevant government departments if the Association intends to operate homes or institutions.

If you’d like, I can provide a plain-language quick-reference card or a side-by-side comparison with typical fire company benevolent associations.

Compiled from official sources — confirm details with the bill’s official record.

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