NY State Senate Bill 2021-S8344A

Senate Bill S8344A

2021-2022 Legislative Session

Relates to the the Fairmount Volunteer Exempt Firemen's Benevolent Association's purpose and the use of foreign fire insurance premium taxes

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

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
Jun 01, 2022	returned to senate passed assembly ordered to third reading rules cal.556 substituted for a9255a
May 31, 2022	referred to ways and means delivered to assembly passed senate
May 25, 2022	ordered to third reading cal.1559 committee discharged and committed to rules
May 24, 2022	print number 8344a
May 24, 2022	amend and recommit to local government
Feb 15, 2022	referred to local government

Votes

- May 31, 2022 - Floor Vote
  S8344A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 25, 2022 - Rules Committee Vote
  S8344A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S8344 - Details

See Assembly Version of this Bill:: A9255
Law Section:: Firefighters' Benevolent Association
Laws Affected:: Amd §§1, 3 & 7, Chap 996 of 1965

2021-S8344 - Summary

Relates to the Fairmount Volunteer Exempt Firemen's Benevolent Association's purpose and the use of foreign fire insurance premium taxes.

2021-S8344 - Sponsor Memo

                                 
BILL NUMBER: S8344

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend chapter 996 of the laws of 1965 relating to incorporat-
ing the Fairmount Volunteer Exempt Firemen's Benevolent Association and
providing for its powers and duties, in relation to its purpose and the
use of foreign fire insurance premium taxes

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will amend

 
SUMMARY OF PROVISIONS:

Section 1. Amends Sections 1, 3, and 7 of chapter 996 of the laws of
1965 relating to incorporating the Fairmount Volunteer Exempt Firemen's
Benevolent Association. Section 1 of chapter 996 refers to its estab-
lishment, incorporation, and membership; which requires eligible members
to send written notice to the secretary and attend necessary meetings.
Section 3 of chapter 996 refers to the purpose to provide relief, aid,

and assistance to members who are disabled or injured during the
performance of their duties. Section 7 of chapter 996 refers to the
precept for payment of foreign fire insurance premium taxes.

Section 2. Effective Date


 
JUSTIFICATION:

This legislation would change the Fairmount Volunteer Exempt Firemen's
Benevolent Association's purposes to model that of chapter 402 of the
laws of 2019. This legislation would also remove language restricting a
certain use of funds, just as was done in that same chapter.  Finally,
this would also update the name of the Association to one that is
gender-neutral.

Insurance Law Sections 9104 and 9105 impose a two-percent tax on premi-
ums paid to foreign fire insurance corporations. These funds are then
distributed to the benevolent who serves the properties within such
territory. The funds are presently limited in their use by only sick or
indigent individuals, but cannot be used to prevent sickness or upkeep
the health of firefighters. This amendment would expand the use of these
funds for more current purposes and uses. This would increase both the
recruitment and retention of members in this fire department/benevolent.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately

2021-S8344 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8344
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend chapter 996 of the laws of 1965 relating to  incorporat-
   ing  the  Fairmount  Volunteer Exempt Firemen's Benevolent Association
   and providing for its powers and duties, in relation  to  its  purpose
   and the 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. Sections 1, 3 and 7 of chapter 996  of  the  laws  of  1965
 relating  to  incorporating  the  Fairmount  Volunteer  Exempt Firemen's
 Benevolent Association and providing for its powers and duties, sections
 3 and 7 as amended by chapter 200 of the laws of 1977,  are  amended  to
 read as follows:
   Section  1. Incorporation; membership. A membership corporation by the
 name of "Fairmount Volunteer Exempt [Firemen's] FIREFIGHTER'S Benevolent
 Association" is hereby created. It shall be  composed  of  such  persons
 eligible  to  membership  therein  as  hereinafter provided as shall (a)
 notify the secretary of the Fairmount Fire Department in  writing  prior
 to  the  organization  meeting  of such corporation hereinafter provided
 for, of their desire to become members, or (b) shall attend such meeting
 or an adjournment thereof, and also such persons  who  are  eligible  to
 become members of the corporation, pursuant to its by-laws.
   §  3.  Purposes.  The purposes of such corporation CREATED BY THIS ACT
 shall  be  [the  maintenance  of  suitable  headquarters  for,  and  the
 promotion  of  fraternal  intercourse  among, the members of said corpo-
 ration, the relief, aid and assistance of such members and  their  fami-
 lies  who  are disabled or indigent, and the promotion of the welfare of
 the  volunteer  fire  service  within  the  Fairmount  fire   protection
 district,  and  territory  provided with the fire protection by contract
 with such fire protection district]:  TO PROVIDE RELIEF, AID AND ASSIST-
 ANCE 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 CORPO-
 RATION, AND THEIR FAMILIES; TO PROVIDE FOR THE HEALTH AND SAFETY OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14518-01-2
 S. 8344                             2
 
 VOLUNTEER  MEMBERS  OF THE CORPORATION; AND TO ENHANCE THE MORALE OF THE
 VOLUNTEER MEMBERS OF THE CORPORATION BY PROVIDING SOCIAL AND RECREATION-
 AL 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 FAIRMOUNT FIRE DEPARTMENT.
   § 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 [five hundred fifty-three] NINETY-ONE HUNDRED FOUR 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 Fairmount Fire Department, located
 in the Fairmount fire protection district, town  of  Camillus,  Onondaga
 county,  New York, or within any duly organized territory that the Fair-
 mount 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 shall also be entitled to receive a share
 of the tax imposed  by  section  [five  hundred  fifty-four]  NINETY-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  taxes  under section [five hundred fifty-three] NINETY-ONE
 HUNDRED FOUR of the insurance law. Such taxes shall only  be  used  [for
 the  care and relief of disabled or indigent volunteer and exempt volun-
 teer firemen and their families] BY THE CORPORATION  IN  FURTHERANCE  OF
 ITS PURPOSES AS SET FORTH IN SECTION THREE OF THIS ACT.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of chapter 996 of the laws of 1965  made  by
 section one of this act shall apply to taxes due on premiums received on
 and after January 1, 2022.

2021-S8344A (ACTIVE) - Details

See Assembly Version of this Bill:: A9255
Law Section:: Firefighters' Benevolent Association
Laws Affected:: Amd §§1, 3 & 7, Chap 996 of 1965

2021-S8344A (ACTIVE) - Summary

Relates to the Fairmount Volunteer Exempt Firemen's Benevolent Association's purpose and the use of foreign fire insurance premium taxes.

2021-S8344A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8344A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend chapter 996 of the laws of 1965 relating to incorporat-
ing the Fairmount Volunteer Exempt Firemen's Benevolent Association and
providing for its powers and duties, in relation to its purpose and the
use of foreign fire insurance premium taxes

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will amend

 
SUMMARY OF PROVISIONS:

Section 1. Amends Sections 1, 3, and 7 of chapter 996 of the laws of
1965 relating to incorporating the Fairmount Volunteer Exempt Firemen's
Benevolent Association. Section 1 of chapter 996 refers to its estab-
lishment, incorporation, and membership; which requires eligible members
to send written notice to the secretary and attend necessary meetings.
Section 3 of chapter 996 refers to the purpose to provide relief, aid,

and assistance to members who are disabled or injured during the
performance of their duties. Section 7 of chapter 996 refers to the
precept for payment of foreign fire insurance premium taxes.

Section 2. Effective Date

 
JUSTIFICATION:

This legislation would change the Fairmount Volunteer Exempt Firemen's
Benevolent Association's purposes to model that of chapter 402 of the
laws of 2019. This legislation would also remove language restricting a
certain use of funds, just as was done in that same chapter.  Finally,
this would also update the name of the Association to one that is
gender-neutral.

Insurance Law Sections 9104 and 9105 impose a two-percent tax on premi-
ums paid to foreign fire insurance corporations. These funds are then
distributed to the benevolent who serves the properties within such
territory. The funds are presently limited in their use by only sick or
indigent individuals, but cannot be used to prevent sickness or upkeep
the health of firefighters. This amendment would expand the use of these
funds for more current purposes and uses. This would increase both the
recruitment and retention of members in this fire department/benevolent.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE: Immediately

2021-S8344A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8344--A
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 amend chapter 996 of the laws of 1965 relating to  incorporat-
   ing  the  Fairmount  Volunteer Exempt Firemen's Benevolent Association
   and providing for its powers and duties, in relation  to  its  purpose
   and the 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. Sections 1, 3 and 7 of chapter 996  of  the  laws  of  1965
 relating  to  incorporating  the  Fairmount  Volunteer  Exempt Firemen's
 Benevolent Association and providing for its powers and duties, sections
 3 and 7 as amended by chapter 200 of the laws of 1977,  are  amended  to
 read as follows:
   Section  1. Incorporation; membership. A membership corporation by the
 name of "Fairmount Volunteer Exempt [Firemen's] FIREFIGHTER'S Benevolent
 Association" is hereby created. It shall be  composed  of  such  persons
 eligible  to  membership  therein  as  hereinafter provided as shall (a)
 notify the secretary of the Fairmount Fire Department in  writing  prior
 to  the  organization  meeting  of such corporation hereinafter provided
 for, of their desire to become members, or (b) shall attend such meeting
 or an adjournment thereof, and also such persons  who  are  eligible  to
 become members of the corporation, pursuant to its by-laws.
   §  3.  Purposes.  The purposes of such corporation CREATED BY THIS ACT
 shall  be  [the  maintenance  of  suitable  headquarters  for,  and  the
 promotion  of  fraternal  intercourse  among, the members of said corpo-
 ration, the relief, aid and assistance of such members and  their  fami-
 lies  who  are disabled or indigent, and the promotion of the welfare of
 the  volunteer  fire  service  within  the  Fairmount  fire   protection
 district,  and  territory  provided with the fire protection by contract
 with such fire protection district]:  TO PROVIDE RELIEF, AID AND ASSIST-
 ANCE TO THE VOLUNTEER MEMBERS OF  SUCH  CORPORATION  WHO  ARE  INDIGENT,
 DISABLED  OR INJURED IN THE PERFORMANCE OF THEIR DUTIES, AND THEIR FAMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14518-03-2
 S. 8344--A                          2
 
 LIES; TO MAINTAIN A SUITABLE HEADQUARTERS FOR THE MEMBERS OF THE  CORPO-
 RATION; TO PROMOTE AND SAFEGUARD THE WELFARE OF THE VOLUNTEER MEMBERS OF
 THE CORPORATION, AND THEIR FAMILIES; TO PROVIDE FOR THE HEALTH AND SAFE-
 TY  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 CORPO-
 RATION, AND THE PROMOTION OF  THE  VOLUNTEER  FIRE  SERVICE  WITHIN  THE
 TERRITORY  PROTECTED  BY  SUCH  FIRE  DEPARTMENT  OF  THE FAIRMOUNT FIRE
 DEPARTMENT.
   § 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 [five hundred fifty-three] NINETY-ONE HUNDRED FOUR 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 Fairmount Fire Department, located
 in the Fairmount fire protection district, town  of  Camillus,  Onondaga
 county,  New York, or within any duly organized territory that the Fair-
 mount 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 shall also be entitled to receive a share
 of the tax imposed  by  section  [five  hundred  fifty-four]  NINETY-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  taxes  under section [five hundred fifty-three] NINETY-ONE
 HUNDRED FOUR of the insurance law. Such taxes shall only  be  used  [for
 the  care and relief of disabled or indigent volunteer and exempt volun-
 teer firemen and their families] BY THE CORPORATION  IN  FURTHERANCE  OF
 ITS PURPOSES AS SET FORTH IN SECTION THREE OF THIS ACT.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of chapter 996 of the laws of 1965  made  by
 section one of this act shall apply to taxes due on premiums received on
 and after January 1, 2023.

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