Bill S7498-2013

Relates to amending the New Hyde Park exempt volunteer firemen's association, inc. use of foreign fire insurance premium taxes

Amends the New Hyde Park Exempt Volunteer Firemen's Association, Inc. use of foreign fire insurance premium taxes to include the sick and disabled.

Details

Actions

  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading rules cal.563
  • Jun 19, 2014: substituted for a9677
  • Jun 10, 2014: referred to local governments
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1135
  • Jun 3, 2014: REPORTED AND COMMITTED TO RULES
  • May 15, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Gianaris
Ayes W/R (1): Krueger
Excused (1): Espaillat

Memo

BILL NUMBER:S7498

TITLE OF BILL: An act to amend the Nassau county civil divisions act, in relation to the New Hyde Park exempt volunteer firemen's association, inc. use of foreign fire insurance premium taxes

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to supply relief to sick and disabled members and their surviving dependents, to provide for the burial of deceased members, and to assist one another and our families in time of need. These purposes are consistent for virtually all benevolent association in Nassau County, N.Y.

SUMMARY OF SPECIFIC PROVISIONS: The tax funds imposed under Insurance Law §§ 553 and 554, now §§ 9104 and 9105, the so-called 2% tax, collected on the premiums on policies of fire insurance covering property situated within the limits of the New Hyde Park Fire District or within any duly organized territory in which the fire department of such fire district is obligated to render fire protection written by foreign (out of New York State) and alien (out of USA) insurance companies.

These public funds, were however, restricted by the precept for payment of foreign and alien fire insurance premiums. The precept in the case of the New Hyde Park Exempt Volunteer Firemen's Association, Inc. limited the use of said tax funds to "the care of indigent members of the New Hyde Park Fire Department and of such corporation and their families" only. This is in stark juxtaposition to both its original Certificate of Incorporation as discussed above wherein providing relief to sick and disabled members and their families together with providing for the burial of deceased members were primary purposes for the organization. Please note that the New York State Comptroller declared that "death" was the ultimate disability.

Based on an analysis of the Special Acts of the 51 Benevolent Associations in Nassau County, N.Y., it reveals that 45 permit the expenditure of 2% tax funds for the care, relief or assistance of disabled and/or indigent firemen and their families. Only two (2) limit the use of such tax funds to indigent firemen and their families exclusively.

JUSTIFICATION: All things being equal, the only change accomplished by the proposed legislation is to permit that which the New York State Legislature clearly intended for the vast majority of benevolent associations in Nassau County, N.Y., to do, to wit., provide relief, aid and assistance to disabled and/or indigent volunteer and exempt firefighters and their families. The New Hyde Park Exempt Firemen's Association, Inc. is only seeking parity with the other benevolent associations in Nassau County, N.Y.

FISCAL IMPLICATIONS: Potentially none to the state.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 7498 A. 9677 S E N A T E - A S S E M B L Y May 15, 2014 ___________
IN SENATE -- Introduced by Sen. MARTINS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. RA -- read once and referred to the Committee on Local Governments AN ACT to amend the Nassau county civil divisions act, in relation to the New Hyde Park exempt volunteer firemen's association, inc. 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. Section 542.0 of section 1 of chapter 273 of the laws of 1939, constituting the Nassau county civil divisions act, as amended by chapter 73 of the laws of 1940, is amended to read as follows: S 542.0 Precept for payment of foreign fire insurance premium taxes. a. The New Hyde Park Exempt Volunteer Firemen's Association, Inc., a domestic membership corporation of New Hyde Park, in the towns of Hemp- stead and North Hempstead, shall collect and there shall be paid to it all tax imposed by section [five hundred fifty-three] NINE THOUSAND ONE HUNDRED FOUR of the insurance law upon premiums on policies of fire insurance covering property situated within the limits of the New Hyde Park fire district in the towns of Hempstead and North Hempstead, as such district now is or may hereafter be established or extended, or within any duly organized territory in which the fire department of such fire district is obligated to render fire protection. b. Such corporation shall use any such taxes so collected or paid to it, for the care of SICK, DISABLED OR indigent members of the New Hyde Park fire department and of such corporation and their families. Such corporation, however, shall remit such percentage of all such taxes so collected or paid to it, to the treasurer of the firemen's association of the state of New York, as may be required by the insurance law. c. The officer of such 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 section [five hundred fifty-three] NINE
THOUSAND ONE HUNDRED FOUR of the insurance law, relating to treasurers of fire departments. d. Such corporation shall also be entitled to receive a share of the tax imposed by section [five hundred fifty-four] NINE THOUSAND 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 tax under section [five hundred fifty-three] NINE THOUSAND ONE HUNDRED FOUR of the insurance law, and to use same for the care of SICK, DISABLED OR indigent members of such fire department and of such corporation and their families. S 2. This act shall take effect immediately.

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