This bill has been amended

Bill S7325-2013

Incorporates the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville, and provides for its powers and duties

Incorporates the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville, and provides for its powers and duties.

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  • May 12, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S7325

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

PURPOSE: This legislation would incorporate the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville, 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 performance 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 volunteer fire service within the territory protected by the, fire department of the Manhasset-Lakeville Fire District.

SUMMARY OF PROVISIONS:

Section one incorporates the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville.

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 Manhasset-Lakeville 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, and Section four establishes its powers and duties.

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

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

Section seven discusses the receipt of payments of foreign fire insurance 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 Manhasset-Lakeville 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 benevolent associations.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7325 IN SENATE May 12, 2014 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to incorporate the Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville 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 Manhasset-Lakeville" is hereby created. It shall be composed of such persons eligible to membership therein as hereinafter provided and shall (a) notify the secretary of the fire department of the Manhasset-Lake- ville Fire District, 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 thereof and signify their intention of becom- ing members of such corporation at such meeting, or (c) shall notify the secretary of the corporation hereby created in writing within sixty days after his election of their desire to become members thereof, and also such persons so eligible as may thereafter become members of such corpo- ration pursuant to its by-laws. S 2. Persons eligible for membership. All persons who are now, or have been, or hereafter shall be active volunteer members of the fire depart- ment of the Manhasset-Lakeville Fire District in the county of Nassau, 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 fire department of the Manhasset-Lakeville Fire District, and all persons who are now or here- after shall be active volunteer members of the fire department of the Manhasset-Lakeville Fire District, 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 fire department of the Manhasset-Lakeville Fire District, 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 fire department of the Manhasset-Lakeville Fire District prior to the actual performance by such person of five years service as an active volunteer member of the fire department of the Manhasset-Lake- ville Fire District. Paid firefighters, if any, of the Manhasset-Lake- ville Fire District, shall not be eligible for membership in the corpo- ration. S 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 such fire department of the Manhas- set-Lakeville Fire District. 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 written approval of the department of social services shall have first been obtained such corporation shall not establish and maintain any home or institution which, if separately incorporated, would require the approval of such department. S 5. Organization meeting; by-laws. The secretary of the Manhasset- Lakeville Fire District shall call a meeting for the organization of such corporation to be held not later than sixty 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 Manhasset-Lakeville Fire District 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 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 corpo- ration. 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, except as hereinafter provided, shall be vested in and exercised by a board of trustees which shall consist of no less than seven 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.
S 7. Receipt of payments of foreign fire insurance corporations. The payments made by foreign fire insurance corporations based on the amount of premiums for fire insurance upon property situated within the corpo- rate limits of the Manhasset-Lakeville Fire District as provided in sections 9104 and 9105 of the insurance law and any amendments thereto, shall be paid to the corporation, and the corporation shall be entitled to receive the same. Paid firefighters, if any, of the Manhasset-Lake- ville Fire District shall not be eligible for membership in the corpo- ration and shall not be entitled to receipt of the funds of the corpo- ration or from such sections 9104 or 9105. S 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, 1996.

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