senate Bill S7498

Signed By Governor
2013-2014 Legislative Session

Relates to amending the New Hyde Park exempt volunteer firemen's association, inc. use of foreign fire insurance premium taxes

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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
Sep 23, 2014 signed chap.397
Sep 11, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.563
substituted for a9677
Jun 10, 2014 referred to local governments
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1135
reported and committed to rules
May 15, 2014 referred to local government

Votes

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Jun 3, 2014 - Local Government committee Vote

S7498
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Local Government Committee Vote: Jun 3, 2014

Jun 3, 2014 - Rules committee Vote

S7498
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S7498 - Bill Details

See Assembly Version of this Bill:
A9677
Law Section:
Nassau County Civil Divisions Act
Laws Affected:
Amd §542.0, §1 of Chap 273 of 1939

S7498 - Bill Texts

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Amends the New Hyde Park Exempt Volunteer Firemen's Association, Inc. use of foreign fire insurance premium taxes to include the sick and disabled.

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BILL NUMBER:S7498

TITLE OF BILL: An act to amend the Nassau county civil divisions act,
in relation to the New Hyde Park exempt volunteer firemen's
association, inc. use of foreign fire insurance premium taxes

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to supply
relief to sick and disabled members and their surviving dependents, to
provide for the burial of deceased members, and to assist one another
and our families in time of need. These purposes are consistent for
virtually all benevolent associations in Nassau County, N.Y.

SUMMARY OF SPECIFIC PROVISIONS: The tax funds imposed under Insurance
Law §§ 553 and 554, now §§ 9104 and 9105, the so-called 2% tax,
collected on the premiums on policies of fire insurance covering
property situated within the limits of the New Hyde Park Fire District
or within any duly organized territory in which the fire department of
such fire district is obligated to render fire protection written by
foreign (out of New York State) and alien (out of USA) insurance
companies.

These public funds, were however, restricted by the precept for
payment of foreign and alien fire insurance premiums. The precept in
the case of the New Hyde Park Exempt Volunteer Firemen's Association,
Inc. limited the use of said tax funds to "the care of indigent
members of the New Hyde Park Fire Department and of such corporation
and their families" only. This is in stark juxtaposition to both its
original Certificate of Incorporation as discussed above wherein
providing relief to sick and disabled members and their families
together with providing for the burial of deceased members were
primary purposes for the organization. Please note that the New York
State Comptroller declared that "death" was the ultimate disability.

Based on an analysis of the Special Acts of the 51 Benevolent
Associations in Nassau County, N.Y., it reveals that 45 percent of the
expenditure of 2% tax funds for the care, relief or assistance of
disabled and/or indigent firemen and their families. Only two (2)
limit the use of such tax funds to indigent firemen and their families
exclusively.

JUSTIFICATION: All things being equal, the only change accomplished by
the proposed legislation is to permit that which the New York State
Legislature clearly intended for the vast majority of benevolent
associations in Nassau County, N.Y., to do, to wit., provide relief,
aid and assistance to disabled and/or indigent volunteer and exempt
firefighters and their families. The New Hyde Park Exempt Firemen's
Association, Inc. is only seeking parity with the other benevolent
associations in Nassau County, N.Y.

FISCAL IMPLICATIONS: Potentially none to the state.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect immediately.


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

    S. 7498                                                  A. 9677

                      S E N A T E - A S S E M B L Y

                              May 15, 2014
                               ___________

IN SENATE -- Introduced by Sen. MARTINS -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  --  Introduced by M. of A. RA -- read once and referred to
  the Committee on Local Governments

AN ACT to amend the Nassau county civil divisions act,  in  relation  to
  the  New Hyde Park exempt volunteer firemen's association, inc. use of
  foreign fire insurance premium taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  542.0 of section 1 of chapter 273 of the laws of
1939, constituting the Nassau county civil divisions act, as amended  by
chapter 73 of the laws of 1940, is amended to read as follows:
  S  542.0  Precept for payment of foreign fire insurance premium taxes.
a.  The New Hyde Park Exempt Volunteer Firemen's  Association,  Inc.,  a
domestic  membership corporation of New Hyde Park, in the towns of Hemp-
stead and North Hempstead, shall collect and there shall be paid  to  it
all  tax imposed by section [five hundred fifty-three] NINE THOUSAND ONE
HUNDRED FOUR of the insurance law upon  premiums  on  policies  of  fire
insurance  covering  property situated within the limits of the New Hyde
Park fire district in the towns of Hempstead  and  North  Hempstead,  as
such  district  now  is  or may hereafter be established or extended, or
within any duly organized territory in which the fire department of such
fire district is obligated to render fire protection.
  b. Such corporation shall use any such taxes so collected or  paid  to
it,  for  the care of SICK, DISABLED OR indigent members of the New Hyde
Park fire department and of such corporation and  their  families.  Such
corporation,  however,  shall remit such percentage of all such taxes so
collected or paid to it, to the treasurer of the  firemen's  association
of the state of New York, as may be required by the insurance law.
  c.  The  officer  of  such  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 section [five hundred fifty-three] NINE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15175-01-4

S. 7498                             2                            A. 9677

THOUSAND  ONE  HUNDRED FOUR of the insurance law, relating to treasurers
of fire departments.
  d.  Such  corporation shall also be entitled to receive a share of the
tax imposed by section  [five  hundred  fifty-four]  NINE  THOUSAND  ONE
HUNDRED  FIVE  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] NINE THOUSAND
ONE HUNDRED FOUR of the insurance law, and to use same for the  care  of
SICK,  DISABLED  OR indigent members of such fire department and of such
corporation and their families.
  S 2. This act shall take effect immediately.

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