NY State Senate Bill 2017-S8817A

Senate Bill S8817A

Signed By Governor

2017-2018 Legislative Session

Authorizes the incorporation of the Cold Spring Harbor volunteer and exempt firefighters' benevolent association

download bill text pdf

Archive: Last Bill Status Via A11115 - 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	signed chap.260
Aug 13, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.2126 substituted for s8817a
Jun 20, 2018	substituted by a11115a ordered to third reading cal.2126 committee discharged and committed to rules
Jun 14, 2018	print number 8817a
Jun 14, 2018	amend (t) and recommit to local government
May 22, 2018	referred to local government

Votes

- Jun 20, 2018 - Floor Vote
  A11115
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      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
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S8817A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo
      
      excused (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S8817 - Details

See Assembly Version of this Bill:: A11115
Law Section:: Firefighters' Benevolent Association

2017-S8817 - Summary

Provides for the establishment of the "Cold Spring Harbor Volunteer and Exempt Firefighters' Benevolent Association".

2017-S8817 - Sponsor Memo

                                
 
BILL NUMBER: S8817

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to authorize the incorporation of the Cold Spring Harbor volun-
teer and exempt firemen's benevolent association

 
PURPOSE:

This legislation would authorize the formation of the Cold Spring Harbor
Volunteer and Exempt Firemen's Benevolent Association, Incorporated.

 
SUMMARY OF PROVISIONS:

Section 1 creates the not-for-profit corporation Cold Spring Harbor
Volunteer and Exempt Firemen's Benevolent Association, Incorporated.
Section 2 stipulates those persons eligible for membership in the asso-
ciation. Section 3 outlines the purposes of the association. Section 4
stipulates the powers and duties of the association. Section 5 requires
that a meeting of the corporation be held not later than three months

after the effective date of this act. Section 6 stipulates the control
and disposal of association funds and property, the management and
control of its affairs and spells out the composition of the board of
trustees. Section 7 permits the association to collect taxes for the use
and benefit of the member of the fire department e.g., the care, relief
and assistance of sick, disabled, or indigent volunteer and exempt fire-
fighters and their families.

 
JUSTIFICATION:

Volunteer firefighters perform dangerous duties each and every day in
our communities. They offer affordable, reliable protection to our
health, well-being, and property. They receive no compensation for their
efforts except our heartfelt thanks and a small "pension" benefit after
years of service.

By adopting this legislation, the Cold Spring Harbor Volunteer Fire
Department, Inc. would be authorized to create a benevolent association
which would be able to collect funds to be used for the benefit of fire-
fighters who are sick, disabled or indigent or may have been injured or
killed in the line of duty or their families.

An analysis of the Special Acts of the 51 benevolent associations in
Nassau County, NY, reveals that 46 permit the expenditure of 2% tax
funds, for amongst other things, the care, relief or assistance of sick
or disabled or indigent firemen and their families. The numbers are
similar for Suffolk County, NY.

The Cold Spring Harbor Exempt Volunteer Fireman's Association, Inc.
desires only that which the vast majority (over 88%) of the benevolent
associations in Nassau and Suffolk Counties have -to provide aid, care,
assistance for sick, disabled and indigent firemen and their families.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provision of section 7 of this act shall apply to taxes due on premiums
received on and after the effective date of this act.

2017-S8817 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8817
 
                             I N  S E N A T E
 
                               May 22, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the incorporation of the Cold Spring  Harbor  volun-
   teer and exempt firemen's benevolent association
 
   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 "Cold Spring Harbor Volunteer and Exempt Firemen's Benevo-
 lent Association, Incorporated" is hereby created. It shall be  composed
 of  such persons eligible for membership therein as hereinafter provided
 as shall: (a) notify the secretary of the Cold Spring  Harbor  Volunteer
 Fire  Department  Inc.,  in writing prior to the organization meeting of
 such corporation hereinafter provided for  of  their  desire  to  become
 members;  or (b) attend such meeting or an adjournment thereof, and also
 such persons so eligible as may thereafter become members of such corpo-
 ration, 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 Cold Spring
 Harbor  Volunteer Fire Department Inc., and who have heretofore acquired
 or shall hereafter acquire the status of  exempt  volunteer  firemen  as
 defined  in section 200 of the general municipal law or any other appli-
 cable law by virtue of having rendered service in said fire  department,
 and  all  persons  who  are  now  or hereafter shall be active volunteer
 members of said fire department shall be eligible for membership in  the
 corporation  hereby  created; provided, however, that any person who has
 been expelled or removed for cause from membership in any  fire  depart-
 ment  or  company  and  who has not been reinstated therein shall not be
 eligible to membership in such corporation. The membership of any person
 in such corporation shall terminate when his  membership  as  an  active
 volunteer  member  of  the Cold Spring Harbor Volunteer Fire Department,
 Inc. shall terminate before such persons shall have acquired the  status
 of  exempt  volunteer  firemen  as defined in section 200 of the general
 municipal law by virtue of having rendered services to such fire depart-
 ment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16023-01-8

 S. 8817                             2
 
   § 3. Purposes. The purposes of such corporation shall be  the  mainte-
 nance  of suitable headquarters for, and the promotion of friendly asso-
 ciation for the betterment of the members of such corporation and  their
 relations with the community, for the promotion of fraternal intercourse
 among  the  members  of such corporation, to study and disseminate among
 the members of such corporation the most efficient  manner  of  fighting
 fires and the relief, aid and assistance of such members and their fami-
 lies  who  are  sick  or  disabled  or  indigent and to acquire real and
 personal property such as may be necessary for the purposes  herein  set
 forth  and  the  promotion  of the welfare of the volunteer fire service
 within the territory now served or which may hereafter be served by  the
 Cold Spring Harbor Volunteer Fire Department, Inc.
   §  4. Powers and duties. Such corporation shall have all of the powers
 of a not-for-profit corporation, and the provisions of law  relating  to
 not-for-profit corporations shall apply to such corporations except when
 they conflict with the provisions of this act. However, unless the writ-
 ten approval of the state board of social services 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.
   §  5. Organization, meeting, by-laws. The secretary of the Cold Spring
 Harbor Volunteer Fire Department, Inc. shall  call  a  meeting  for  the
 organization  of such corporation to be held not later than three months
 after the effective date of this act, notice of which shall be given  by
 him by posting or causing to be posted a notice thereof in five conspic-
 uous  places,  within  the territory protected by the Cold Spring Harbor
 Volunteer Fire Department, Inc.  and also by publication of notice ther-
 eof 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 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 corporation.
   §  6.  Control  and  disposal  of  funds and property. The control and
 disposal of the funds, property and estate of the said association,  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  seven  members of such corporation with: the president, the
 vice president, the secretary, the treasurer,  financial  secretary  and
 two  other  members having the title of trustee. Such officers and trus-
 tees 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 section 9104 of the insurance law for fire department use and
 benefit, upon premiums for insurance against  loss  or  damage  by  fire
 covering  property  situated  within the territory protected by the Cold
 Spring Harbor Volunteer Fire Department, Inc. located  in  the  town  of
 Huntington,  Suffolk  County,  New  York,  within  the  Cold Spring Fire
 District. The officers of said corporation designated by its by-laws  to
 collect  and  receive the aforesaid tax shall have all the powers and be

 S. 8817                             3
 
 subject to all the provisions of the insurance law, relating to treasur-
 ers of fire departments. Such corporations shall  also  be  entitled  to
 receive a share of the tax imposed by section 9105 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 9104 of  the
 insurance law.
   §  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 or after the effective date of this act.

2017-S8817A (ACTIVE) - Details

See Assembly Version of this Bill:: A11115
Law Section:: Firefighters' Benevolent Association

2017-S8817A (ACTIVE) - Summary

Provides for the establishment of the "Cold Spring Harbor Volunteer and Exempt Firefighters' Benevolent Association".

2017-S8817A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8817A

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to incorporate the Cold Spring Harbor Volunteer
and Exempt Firefighters' Benevolent Association and providing for its
powers and duties

 
PURPOSE:

This legislation would authorize the formation of the Cold Spring Harbor
Volunteer and Exempt Firefighters's Benevolent Association, Incorpo-
rated.

 
SUMMARY OF PROVISIONS:

Section 1 creates the not-for-profit corporation Cold Spring Harbor
Volunteer and Exempt Firefighters's Benevolent Association, Incorpo-
rated. Section 2 stipulates those persons eligible for membership in the
association. Section 3 outlines the purposes of the association. Section
4 stipulates the powers and duties of the association. Section 5
requires that a meeting of the corporation be held not later than three

months after the effective date of this act. Section 6 stipulates the
control and disposal of association funds and property, the management
and control of its affairs and spells out the composition of the board
of trustees.  Section 7 permits the association to collect taxes for the
use and benefit of the member of the fire department e.g., the care,
relief and assistance of sick, disabled, or indigent volunteer and
exempt firefighters and their families.

 
JUSTIFICATION:

Volunteer firefighters perform dangerous duties each and every day in
our communities. They offer affordable, reliable protection to our
health, well-being, and property. They receive no compensation for their
efforts except our heartfelt thanks and a small "pension" benefit after
years of service.

By adopting this legislation, the Cold Spring Harbor Volunteer Fire
Department, Inc. would be authorized to create a benevolent association
which would be able to collect funds to be used for the benefit of fire-
fighters who are sick, disabled or indigent or may have been injured or
killed in the line of duty or their families.

An analysis of the Special Acts of the 51 benevolent associations in
Nassau County, NY, reveals that 46 permit the expenditure of 2% tax
funds, for amongst other things, the care, relief or assistance of sick
or disabled or indigent firemen and their families. The numbers are
similar for Suffolk County, NY.

The Cold Spring Harbor Exempt Volunteer Fireman's Association, Inc.
desires only that which the vast majority (over 88%) of the benevolent
associations in Nassau and Suffolk Counties have -to provide aid, care,
assistance for sick, disabled and indigent firemen and their families.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:  None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provision of section seven of this act shall apply to taxes due on
premiums received on and after January 1, 2019.

2017-S8817A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8817--A
 
                             I N  S E N A T E
 
                               May 22, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to incorporate the Cold Spring Harbor Volunteer and Exempt  Fire-
   fighters'  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 "Cold  Spring  Harbor  Volunteer  and  Exempt  Firefighters'
 Benevolent  Association, Inc."   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 secre-
 tary of the Cold Spring Harbor Volunteer Fire Department, Inc., a volun-
 teer fire company, in writing prior to the organization meeting  herein-
 after  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 corpo-
 ration 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 eligi-
 ble 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 Cold  Spring
 Harbor  Volunteer  Fire Department, Inc.   in the county of Suffolk, and
 who have acquired or shall hereafter acquire the status of exempt volun-
 teer firefighter as defined in section 200 of the general municipal  law
 by virtue of having rendered service in the Cold Spring Harbor Volunteer
 Fire Department, Inc., and all persons who are now or hereafter shall be
 active  volunteer  members  of  the  Cold  Spring  Harbor Volunteer Fire
 Department, Inc., shall be eligible for membership  in  the  corporation
 created  by  this  act, except that any firefighter who has been removed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16023-06-8

 S. 8817--A                          2
 
 for cause, expelled or dropped from the rolls of the Cold Spring  Harbor
 Volunteer  Fire Department, Inc., and who has not been reinstated there-
 in, 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  Cold
 Spring  Harbor  Volunteer  Fire  Department,  Inc.   prior to the actual
 performance by such person of five years service as an active  volunteer
 member  of  the Cold Spring Harbor Volunteer Fire Department, Inc.  Paid
 firefighters, if any, of the Cold Spring Harbor Volunteer  Fire  Depart-
 ment, 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 maintain a suitable headquarters for the
 members of such corporation; 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 Cold Spring Harbor Volunteer  Fire
 Department, 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  Cold  Spring
 Harbor  Volunteer  Fire  Department, 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 Cold Spring  Harbor  Volun-
 teer Fire Department, Inc.  and also by publication of notice thereof in
 one or more newspapers having a general circulation within such territo-
 ry,  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 otherwise, 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

 S. 8817--A                          3
 
 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 section 9104 of the insurance law for fire department use and
 benefit, upon premiums for insurance against  loss  or  damage  by  fire
 covering  property  protected  by  the Cold Spring Harbor Volunteer Fire
 Department, Inc., in the town of Huntington, in the county  of  Suffolk,
 or  within  any duly organized territory in which the Cold Spring Harbor
 Volunteer Fire Department, 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 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 section 9105 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 9104 of  the
 insurance  law.  Such  taxes  shall  only  be used by the corporation in
 furtherance of its purposes as set forth in section three of this act.
   § 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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