Bill S7325A-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.

Details

Actions

  • Jun 11, 2014: SUBSTITUTED BY A9003C
  • Jun 10, 2014: ORDERED TO THIRD READING CAL.1272
  • Jun 10, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 23, 2014: PRINT NUMBER 7325A
  • May 23, 2014: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • May 12, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 10, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Espaillat, Gianaris
Ayes W/R (2): Krueger, Perkins
Excused (1): Hassell-Thompson

Memo

BILL NUMBER:S7325A         REVISED MEMO 06/18/2014

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.

SUMMARY OF PROVISIONS:

Section one of this bill would create the not-for-profit corporation by the name of Volunteer Exempt Firefighter's Benevolent Association of Manhasset-Lakeville.

Section two of this bill would establish the eligibility requirements for membership in the not-for-profit corporation. In accordance with this section, 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, and 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 of this bill would establish the purposes of the not-for-profit corporation, including:

*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;

*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

*To promote of the volunteer fire service within the territory protected by such fire department of the Manhasset-Lakeville Fire District.

Section four of this bill would establishes the powers and duties of the corporation, which would include all the powers of a not-for-profit corporation, and the provisions of law relating to not-for-profit corporations, except where they conflict with the provisions of this act.

Section five of this bill would address the organization meeting and by-laws of the new corporation.

Section six of this bill would provide for the control and disposal of funds and property of the new corporation.

Section seven of this bill would establish the precept for payments of foreign fire insurance corporations and their designated purpose. In accordance with this section, the new 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 covering property situated in the Manhasset-Lakeville Fire Department fire protection district, in the town of North Hempstead, county of Nassau, or within any duly organized territory in which the Manhasset-Lakeville 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 would 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.

Section seven further provides that the taxes imposed by article 91, and the payments made to the corporation thereunder, shall only be used for the care and relief of:

*Disabled or indigent volunteer firefighters;

*Exempt volunteer firefighters; and

*Their families.

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. Limited in their use, under law, these funds 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, created under this bill, funds can be used to assist:

*Disabled or indigent volunteer firefighters;

*Exempt volunteer firefighters; and

*Their families.

Such expansion of purposes and use as created by this new not for profit corporation, Volunteer Exempt Firefighter's Benevolent

Association of Manhasset-Lakeville, will allow more persons who have provided service to the volunteer fire department, and their families, to be provided with the many benefits that the purposes of this new corporation would allow.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

This act would 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, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 7325--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 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 covering property situated in the Manhasset-Lakeville Fire Department fire protection district, in the town of North Hempstead, county of Nassau, or within any duly organized territory in which the Manhasset- Lakeville 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 treasur- ers 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. 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, 2014.

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