senate Bill S7191

Signed By Governor
2011-2012 Legislative Session

Incorporates the Main-Transit Volunteer Exempt Firefighter's Benevolent Association and provides for its powers and duties

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.425
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading rules cal.583
substituted for a10043
Jun 20, 2012 referred to ways and means
delivered to assembly
passed senate
Jun 12, 2012 advanced to third reading
Jun 11, 2012 2nd report cal.
Jun 06, 2012 1st report cal.1128
May 01, 2012 referred to local government

Votes

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S7191 - Bill Details

See Assembly Version of this Bill:
A10043
Law Section:
Firefighters' Benevolent Association

S7191 - Bill Texts

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Incorporates the Main-Transit Volunteer Exempt Firefighter's Benevolent Association and provides for its powers and duties.

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BILL NUMBER:S7191

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

PURPOSE:
This bill will establish the Main-Transit Volunteer Exempt
Firefighter's Benevolent Association, which will give relief, aid and
assistance of volunteer firemen and their families who are disabled
or indigent and also aid the promotion of the welfare of the
volunteer fire service.

SUMMARY OF PROVISIONS:
Section 1 - creates the Main-Transit Volunteer
Exempt Firefighter's Benevolent Association.

Section 2 - states the eligibility requirements for persons who are
now, or have been, or hereafter shall be active volunteer members in
the Main-Transit Volunteer Fire Company.

Section 3 - outlines the purposes of the corporation including the
maintenance of suitable headquarters, relief, aid and assistance of
volunteer firemen and their families who are disabled or indigent,
and also the promotion of the welfare of the volunteer fire service.

Section 4 - states the powers and duties of the corporation as a
not-for-profit corporation and that any provisions of law relating to
not-for-profit shall apply to the corporation unless stated by this
act.

Section 5 - sets up the organization meeting by-laws.

Section 6 - relates to the control and disposal of funds and property.

Section 7 - directs the payment of foreign fire insurance premium taxes.

Section 8 - states that the effective date takes effect immediately
provided, however, the provisions of Section 7 of this act shall
apply to taxes due on premiums received after January 1, 2012.

JUSTIFICATION:
Volunteer Fire Districts play an invaluable role in our
communities and the establishment of an organization such as the
Main-Transit Volunteer Exempt Firefighter's Benevolent Association
will provide the necessary resources they need to protect the
community as well as provide for the volunteers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, however, the provisions of Section 7 of
this act shall apply to taxes due on premiums received after January
1, 2012.

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

                                  7191

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to incorporate the Main-Transit  Volunteer  Exempt  Firefighter's
  Benevolent Association 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  "Main-Transit  Volunteer  Exempt Firefighter's Benevolent
Association" is hereby created. It shall be  composed  of  such  persons
eligible  to  membership  therein  as hereinafter provided and shall (a)
notify the secretary of Main-Transit Fire Department, 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 ther-
eof,  and also such persons so eligible as may thereafter become members
of such corporation pursuant to its by-laws.
  S 2. Persons eligible to membership. All persons who are now, or  have
been, or hereafter shall be active volunteer members of the Main-Transit
Fire  Department  in  the  town  of Amherst, county of Erie, or any fire
corporation in the Main-Transit Fire Department fire protection district
in such town 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  Main-Transit
Fire  Department,  or  in  a  fire  corporation in the Main-Transit Fire
Department fire protection district, and all  persons  who  are  now  or
hereafter  shall  be  active  volunteer members of the Main-Transit Fire
Department, shall be eligible for membership in the association  created
by this act, except that any firefighter who has been removed for cause,
expelled  or  dropped from the rolls of any fire company or fire depart-
ment, 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/her membership as an active volun-
teer member of the Main-Transit Fire Department shall  terminate  before
such  person  shall  have  acquired the status of exempt volunteer fire-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13520-02-1

S. 7191                             2

fighter as defined by section 200 of the general municipal law by virtue
of having rendered service in the Main-Transit Fire Department.
  S  3.  Purposes. The purposes of such corporation shall be the mainte-
nance of suitable headquarters  for,  and  the  promotion  of  fraternal
intercourse  among the members of such corporation, the relief, aid, and
assistance of volunteer firefighters and their families who are disabled
or indigent, and the promotion of the  welfare  of  the  volunteer  fire
service.
  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 writ-
ten  approval  of the state board of social welfare, created pursuant to
article 26-B of the executive law, shall have first been  obtained  this
corporation  shall  not  establish and maintain any home or institution,
which, if separately incorporated, would require the  approval  of  such
board.
  S  5. Organization meeting; by-laws. The secretary of the Main-Transit
Fire Department shall call a meeting for the organization of such corpo-
ration to be held not later than  three  months  after  this  act  takes
effect, notice of which shall be given by posting or causing to be post-
ed  a  notice  thereof  in  five conspicuous places within the territory
protected by the Main-Transit Fire Department 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 suspen-
sion 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 corporation.
  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 shall be
vested in and exercised by a board of trustees which  shall  consist  of
the following seven members of such corporation: 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.
  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  Main-Transit  Fire  Department  fire
protection  district,  in the town of Amherst, county of Erie, or within
any duly organized territory in which the Main-Transit  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  afore-
said  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  article  91 of the insurance law, based upon the business written in

S. 7191                             3

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, the
provisions of section seven of this act shall  apply  to  taxes  due  on
premiums received after January 1, 2012.

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