NY State Senate Bill 2017-S7868A

Senate Bill S7868A

Signed By Governor

2017-2018 Legislative Session

Provides for the establishment of the "Volunteer Exempt Firefighter's Benevolent Association of Whitehall, New York"

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	signed chap.491
Dec 18, 2018	delivered to governor
Jun 19, 2018	returned to senate passed assembly ordered to third reading rules cal.340 substituted for a9988a
Jun 18, 2018	referred to ways and means delivered to assembly passed senate
Jun 04, 2018	amended on third reading 7868a
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.946
Mar 05, 2018	referred to local government

Votes

- Jun 18, 2018 - Floor Vote
  S7868A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 1, 2018 - Local Government Committee Vote
  S7868A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 1, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S7868 - Details

See Assembly Version of this Bill:: A9988
Law Section:: Firefighters' Benevolent Association

2017-S7868 - Summary

Provides for the establishment of the "Volunteer Exempt Firefighter's Benevolent Association of Whitehall, New York".

2017-S7868 - Sponsor Memo

                                
 
BILL NUMBER: S7868

SPONSOR: LITTLE
 
TITLE OF BILL:  An act to incorporate the Volunteer Exempt Firefight-
er's Benevolent Association of Whitehall, New York and providing for its
powers and duties

 
PURPOSE:

This legislation would incorporate the Volunteer Exempt Firefighter's
Benevolent Association of Whitehall, a not-for-profit corporation, for
the purpose of providing relief, aid and assistance to the volunteer
members of such corporation, who are disabled or injured in the perform-
ance of their duties, and their families, and to promote and safeguard
the welfare of the volunteer members of the corporation. This not-for-
profit entity will enhance morale by providing social and recreational
activities for its volunteer membership and will also promote the volun-
teer fire service within the territory protected by the fire department
of the Whitehall Fire District.

 
SUMMARY OF PROVISIONS:

Section one incorporates the Volunteer Exempt Firefighter's Benevolent
Association of Whitehall.

Section two establishes the eligibility requirements for membership in
the not-for-profit corporation. All persons who are now, have been, or
hereafter shall be active volunteer members of the fire department of
the Whitehall Fire District shall be eligible for membership in the
benevolent association created by this act. 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 discusses the purpose of the not-for-profit corporation.

Section four establishes its powers and duties.

Section five addresses the organization meeting and by-laws, and

Section six deals with control and disposal of funds and property.

Section seven discusses the receipt of payments of foreign fire insur-
ance corporations, and

Section eight sets the effective date.

 
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. The funds are limited in their use and 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 Whitehall Fire District would significantly
expand the use of these funds. Under such a not-for-profit entity, funds
can be used to assist individual members who have been disabled or
injured in the line of duty as has been done for decades by other benev-
olent associations.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7868 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7868
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to incorporate  the  Volunteer  Exempt  Firefighter's  Benevolent
   Association  of  Whitehall,  New York 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
 Whitehall,  New  York"  is  hereby created. It shall be composed of such
 persons eligible to membership therein as shall be provided pursuant  to
 the  provisions  of  this  act and shall (a) notify the secretary of the
 Whitehall Volunteer Fire Company, Inc., a  volunteer  fire  company,  in
 writing  prior  to the organization meeting provided for in section five
 of this act of their desire to become members of  such  corporation,  or
 (b)  attend  such  meeting  or  an adjournment thereof and signify their
 intention of becoming members of such corporation at  such  meeting,  or
 (c) notify the secretary of the corporation created by this act in writ-
 ing  within  sixty  days  after  his  or her election of their desire to
 become members thereof, and also such persons so eligible as may  there-
 after become members of such corporation pursuant to its by-laws.
   § 2. Persons eligible for membership. All persons who are now, or have
 been,  or  hereafter  shall be active volunteer members of the Whitehall
 Volunteer Fire Company, Inc. in the county of Washington, and  who  have
 acquired  or  shall  after  the  effective  date of this act 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 White-
 hall  Volunteer Fire Company, Inc., and all persons who are now or here-
 after shall be active volunteer members of the Whitehall Volunteer  Fire
 Company,  Inc.,  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 Whitehall Volunteer
 Fire  Company,  Inc., and who has not been reinstated therein, shall not
 be eligible for membership in such corporation. The  membership  of  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14804-01-8

 S. 7868                             2
 
 person  in  such corporation shall terminate upon the withdrawal of such
 person as an active volunteer member of  the  Whitehall  Volunteer  Fire
 Company,  Inc.  prior  to  the actual performance by such person of five
 years  service  as an active volunteer member of the Whitehall Volunteer
 Fire Company, Inc. Paid firefighters, if any, of the Whitehall Volunteer
 Fire Company, Inc., shall not be eligible for membership in  the  corpo-
 ration.
   §  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 the Whitehall Volunteer Fire  Company,
 Inc.
   §  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 department of health shall have first been obtained
 such corporation shall not establish and maintain any home  or  institu-
 tion  which,  if  separately incorporated, would require the approval of
 such department.
   § 5. Organization meeting; by-laws. The  secretary  of  the  Whitehall
 Volunteer  Fire  Company, Inc. shall call a meeting for the organization
 of such corporation to be held not later than 60  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 Whitehall Volunteer Fire  Company,
 Inc. 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 10 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 other-
 wise, shall forfeit all interest in the property of such corporation.
   § 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
 otherwise provided in this act, shall be vested in and  exercised  by  a
 board  of  trustees which shall consist of no less than 7 members of the
 corporation, 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.
   § 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

 S. 7868                             3
 
 covering property situated in the Whitehall fire protection district, in
 the town of Whitehall and county  of  Washington,  or  within  any  duly
 organized  territory in which the Whitehall Volunteer Fire Company, Inc.
 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
 be  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.
   §  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, 2019.

2017-S7868A (ACTIVE) - Details

See Assembly Version of this Bill:: A9988
Law Section:: Firefighters' Benevolent Association

2017-S7868A (ACTIVE) - Summary

Provides for the establishment of the "Volunteer Exempt Firefighter's Benevolent Association of Whitehall, New York".

2017-S7868A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7868A

SPONSOR: LITTLE
 
TITLE OF BILL:  An act to incorporate the Volunteer Exempt Firefight-
er's Benevolent Association of Whitehall, New York and providing for its
powers and duties

 
PURPOSE:

This legislation would incorporate the Volunteer Exempt Firefighter's
Benevolent Association of Whitehall, a not-for-profit corporation, for
the purpose of providing relief, aid and assistance to the volunteer
members of such corporation, who are disabled or injured in the perform-
ance of their duties, and their families, and to promote and safeguard
the welfare of the volunteer members of the corporation.  This not-for-
profit entity will enhance morale by providing social and recreational
activities for its volunteer membership and will also promote the volun-
teer fire service within the territory protected by the fire department
of the Whitehall Fire District.

 
SUMMARY OF PROVISIONS:

Section one incorporates the Volunteer Exempt Firefighter's Benevolent
Association of Whitehall.

Section two establishes the eligibility requirements for membership in
the not-for-profit corporation. All persons who are now, have been, or
hereafter shall be active volunteer members of the fire department of
the Whitehall Fire District shall be eligible for membership in the
benevolent association created by this act. 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 discusses the purpose of the not-for-profit corporation.

Section four establishes its powers and duties.

Section five addresses the organization meeting and by-laws, and

Section six deals with control and disposal of funds and property.

Section seven discusses the receipt of payments of foreign fire insur-
ance corporations, and

Section eight sets the effective date.

 
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. The funds are limited in their use and 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 Whitehall Fire District would significantly
expand the use of these funds. Under such a not-for-profit entity, funds
can be used to assist individual members who have been disabled or
injured in the line of duty as has been done for decades by other benev-
olent associations.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7868A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7868--A
     Cal. No. 946
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  to  incorporate  the  Volunteer Exempt Firefighter's Benevolent
   Association of Whitehall, New York 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
 Whitehall, New York" is hereby created. It shall  be  composed  of  such
 persons  eligible to membership therein as shall be provided pursuant to
 the provisions of this act and shall (a) notify  the  secretary  of  the
 Whitehall  Volunteer  Fire  Company,  Inc., 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) attend such meeting or an adjournment thereof and  signify  their
 intention  of  becoming  members of such corporation at such meeting, or
 (c) notify the secretary of the corporation hereby  created  in  writing
 within  sixty  days  after his or her election of their desire to become
 members thereof, and also such persons so  eligible  as  may  thereafter
 become members of such corporation pursuant to its by-laws.
   § 2. Persons eligible for membership. All persons who are now, or have
 been,  or  hereafter  shall be active volunteer members of the Whitehall
 Volunteer Fire Company, Inc. in the county of Washington, and  who  have
 acquired or shall hereafter acquire the status of exempt volunteer fire-
 fighter as defined in section 200 of the general municipal law by virtue
 of  having  rendered  service  in  the Whitehall Volunteer Fire Company,
 Inc., and all persons who are now or hereafter shall be active volunteer
 members of the Whitehall Volunteer Fire Company, Inc., 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14804-05-8

 S. 7868--A                          2
 
 rolls  of  the  Whitehall  Volunteer Fire Company, Inc., 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 Whitehall Volunteer Fire Company, Inc. prior to the actual
 performance by such person of five years service as an active  volunteer
 member  of the Whitehall Volunteer Fire Company, Inc. Paid firefighters,
 if any, of the Whitehall Volunteer Fire  Company,  Inc.,  shall  not  be
 eligible for membership in the corporation.
   §  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 the Whitehall Volunteer Fire  Company,
 Inc.
   §  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 applicable governmental agency or department shall
 have first been obtained such corporation shall not establish and  main-
 tain  any  home  or institution which, if separately incorporated, would
 require the approval of such department.
   § 5. Organization meeting; by-laws. The  secretary  of  the  Whitehall
 Volunteer  Fire  Company, Inc. shall call a meeting for the organization
 of such corporation to be held not later than 60  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 Whitehall Volunteer Fire  Company,
 Inc. 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 10 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 other-
 wise, shall forfeit all interest in the property of such corporation.
   § 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 7 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.
   § 7. Precept for payment of foreign fire insurance premium taxes. Such
 corporation  shall  collect  and  there  shall  be  paid to it all taxes

 S. 7868--A                          3
 
 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 Whitehall fire protection district, in
 the  town  of  Whitehall  and  county  of Washington, or within any duly
 organized territory in which the Whitehall Volunteer Fire Company,  Inc.
 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
 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.
   §  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, 2019.

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