senate Bill S7325A

Incorporates the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville, and provides for its powers and duties

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / May / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 23 / May / 2014
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 23 / May / 2014
    • PRINT NUMBER 7325A
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1272
  • 11 / Jun / 2014
    • SUBSTITUTED BY A9003C

Summary

Incorporates the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville, and provides for its powers and duties.

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Bill Details

See Assembly Version of this Bill:
A9003C
Versions:
S7325
S7325A
Legislative Cycle:
2013-2014
Law Section:
Firefighters' Benevolent Association

Sponsor Memo

BILL NUMBER:S7325A REVISED MEMO 06/18/2014

TITLE OF BILL: An act to incorporate the Volunteer Exempt
Firefighter's Benevolent Association of Manhasset-Lakeville and
providing for its powers and duties

PURPOSE:

This legislation would incorporate the Volunteer Exempt Firefighter's
Benevolent Association of Manhasset-Lakeville.

SUMMARY OF PROVISIONS:

Section one of this bill would create the not-for-profit corporation
by the name of Volunteer Exempt Firefighter's Benevolent Association
of Manhasset-Lakeville.

Section two of this bill would establish the eligibility requirements
for membership in the not-for-profit corporation. In accordance with
this section, all persons who are now, have been, or hereafter shall
be active volunteer members of the fire department of the
Manhasset-Lakeville Fire District shall be eligible for membership in
the benevolent association created by this act, and persons who have
been removed for cause, expelled or dropped from the rolls of the fire
department shall not be eligible for membership.

Section three of this bill would establish the purposes of the
not-for-profit corporation, including:

*To provide relief, aid and assistance to the volunteer members of
such corporation who are disabled or injured in the performance of
their duties, and their families;

*To promote and safeguard the welfare of the volunteer members of the
corporation, and their families;

*To provide for the health and safety of the volunteer members of the
corporation;

*To enhance the morale of the volunteer members of the corporation by
providing social and recreational activities for the volunteer members
of the corporation, and

*To promote of the volunteer fire service within the territory
protected by such fire department of the Manhasset-Lakeville Fire
District.

Section four of this bill would establishes the powers and duties of
the corporation, which would include all the powers of a
not-for-profit corporation, and the provisions of law relating to
not-for-profit corporations, except where they conflict with the
provisions of this act.

Section five of this bill would address the organization meeting and
by-laws of the new corporation.


Section six of this bill would provide for the control and disposal of
funds and property of the new corporation.

Section seven of this bill would establish the precept for payments of
foreign fire insurance corporations and their designated purpose. In
accordance with this section, the new corporation shall collect and
there shall be paid to it all taxes imposed by article 91 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 Manhasset-Lakeville Fire Department fire protection district, in
the town of North Hempstead, county of Nassau, or within any duly
organized territory in which the Manhasset-Lakeville Fire Department
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 would also be entitled to receive a
share of the tax imposed by article 91 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 article 91 of the
insurance law.

Section seven further provides that the taxes imposed by article 91,
and the payments made to the corporation thereunder, shall only be
used for the care and relief of:

*Disabled or indigent volunteer firefighters;

*Exempt volunteer firefighters; and

*Their families.

JUSTIFICATION:

New York State Insurance Law Sections 9104 and 9105 impose a
two-percent tax on premiums paid to foreign fire insurance
corporations.

These funds are allocated to the fire department which serves the
properties within such territory. Limited in their use, under law,
these funds may only be used to benefit the volunteer membership of
the fire department as a whole.

The creation of a benevolent association for the volunteer members of
the fire department of the Manhasset-Lakeville Fire District would
significantly expand the use of these funds. Under such a
not-for-profit entity, created under this bill, funds can be used to
assist:

*Disabled or indigent volunteer firefighters;

*Exempt volunteer firefighters; and

*Their families.

Such expansion of purposes and use as created by this new not for
profit corporation, Volunteer Exempt Firefighter's Benevolent


Association of Manhasset-Lakeville, will allow more persons who have
provided service to the volunteer fire department, and their families,
to be provided with the many benefits that the purposes of this new
corporation would allow.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

This act would 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, 2014.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7325--A

                            I N  S E N A T E

                              May 12, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to incorporate  the  Volunteer  Exempt  Firefighter's  Benevolent
  Association  of  Manhasset-Lakeville  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:

  Section  1. Incorporation; membership. A not-for-profit corporation by
the name of "Volunteer Exempt Firefighter's  Benevolent  Association  of
Manhasset-Lakeville"  is  hereby  created.  It shall be composed of such
persons eligible to membership therein as hereinafter provided and shall
(a) notify the secretary of the fire department of  the  Manhasset-Lake-
ville  Fire  District, 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 signify their intention of becom-
ing members of such corporation at such meeting, or (c) shall notify the
secretary of the corporation hereby created in writing within sixty days
after his election of their desire to become members thereof,  and  also
such persons so eligible as may thereafter become members of such corpo-
ration pursuant to its by-laws.
  S 2. Persons eligible for membership. All persons who are now, or have
been, or hereafter shall be active volunteer members of the fire depart-
ment  of  the Manhasset-Lakeville Fire District in the county of Nassau,
and who have acquired or shall hereafter acquire the  status  of  exempt
volunteer firefighter as defined in section 200 of the general municipal
law  by  virtue of having rendered service in the fire department of the
Manhasset-Lakeville Fire District, and all persons who are now or  here-
after  shall  be  active volunteer members of the fire department of the
Manhasset-Lakeville Fire District, shall be eligible for  membership  in
the corporation created by this act, except that any firefighter who has
been  removed  for cause, expelled or dropped from the rolls of the fire

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14249-06-4

S. 7325--A                          2

department of the Manhasset-Lakeville Fire District,  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  upon  the  withdrawal  of  such person as an active volunteer
member of the fire department of the Manhasset-Lakeville  Fire  District
prior  to the actual performance by such person of five years service as
an active volunteer member of the fire department of the Manhasset-Lake-
ville Fire District. Paid firefighters, if any, of  the  Manhasset-Lake-
ville  Fire District, shall not be eligible for membership in the corpo-
ration.
  S 3. Purposes. The purposes of the corporation  created  by  this  act
are:  to  provide relief, aid and assistance to the volunteer members of
such corporation who are disabled or injured in the performance of their
duties, and their families; to promote and safeguard the welfare of  the
volunteer members of the corporation, and their families; to provide for
the  health  and safety of the volunteer members of the corporation; and
to enhance the morale of the volunteer members  of  the  corporation  by
providing  social  and recreational activities for the volunteer members
of the corporation, and the promotion  of  the  volunteer  fire  service
within  the  territory  protected by such fire department of the Manhas-
set-Lakeville Fire District.
  S 4. Powers and duties. Such corporation shall have all the powers  of
a  not-for-profit  corporation,  and  the  provisions of law relating to
not-for-profit corporations shall apply to such corporation except where
they conflict with the provisions of this  act.    However,  unless  the
written  approval  of the department of social services shall have first
been obtained such corporation shall not establish and maintain any home
or institution which, if  separately  incorporated,  would  require  the
approval of such department.
  S  5.  Organization  meeting; by-laws. The secretary of the Manhasset-
Lakeville Fire District shall call a meeting  for  the  organization  of
such  corporation  to  be  held not later than sixty days after this act
takes effect, notice of which shall be given by the secretary by posting
or causing to be posted a notice  thereof  in  five  conspicuous  places
within  the territory protected by the Manhasset-Lakeville Fire District
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
directors 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 may 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 corpo-
ration.
  S 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 affairs, except as
hereinafter provided, shall be vested in and exercised  by  a  board  of
trustees which shall consist of no less than seven members of the corpo-
ration,  to  wit:  the  president, the vice-president, the secretary and
treasurer and three other members having  the  title  of  trustee.  Such
officers  and  directors  shall be elected at the annual meeting of such
corporation in the manner prescribed by its by-laws.

S. 7325--A                          3

  S 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  article 91 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 Manhasset-Lakeville Fire Department
fire protection district, in the town  of  North  Hempstead,  county  of
Nassau,  or  within any duly organized territory in which the Manhasset-
Lakeville Fire  Department  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 treasur-
ers of fire departments. Such corporation  shall  also  be  entitled  to
receive  a  share of the tax imposed by article 91 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 article 91 of the
insurance law. Such taxes shall only be used for the care and relief  of
disabled  or  indigent  volunteer  and exempt volunteer firefighters and
their families.
  S 8. 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, 2014.

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