What's happening
This bill incorporates the Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor, defining its membership, purposes, powers, and authority to receive foreign fire insurance premium taxes.
Why it matters
Provides financial and welfare support for volunteer firefighters. The Association is specifically tasked with aiding members who are indigent, disabled, or injured, as well as supporting their families. This can help address gaps in social safety nets for those serving as volunteer firefighters.
Helps maintain community-based oversight and benefits. A locally-controlled board of trustees, elected from among the members, will manage the Association’s funds, property, and activities, ensuring that resources are directed by and for the benefit of the local volunteer firefighter community.
Creates a formal structure for receiving and using insurance tax funds. By granting the Association authority to collect foreign fire insurance premium taxes, the bill channels these funds directly into programs and initiatives that support firefighter welfare, morale, and safety, potentially improving retention and service quality.
Excludes paid firefighters and those removed for cause. Membership is strictly limited to those who have served as active volunteer firefighters and excludes paid personnel and anyone removed from service for cause, maintaining the Association’s focus on supporting the volunteer fire service.
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Who cares
Headline styles
Create Firefighter Aid Group
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S2979A
- Ordered to third reading rules cal.347
- Rules report cal.347
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Print number 4742a
- Amend and recommit to local governments
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Support for Volunteer Firefighters
Signed by Governor · Sponsor Jim Gaughran
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4742--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. STERN -- read once and referred to the Committee on Local Governments -- 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 Huntington Manor and providing for its powers and duties
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Incorporation; membership. A not-for-profit corporation by the name of "Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor" 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 Huntington Manor Volunteer Fire Department, Inc., 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) attend such meeting or an adjournment thereof and signify their intention of becoming 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 or her election of their desire to become members thereof, and also such persons so eligible 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 Huntington Manor Fire District in the county of Suffolk, 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 Huntington Manor Volunteer Fire Department, Inc., 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 Huntington Manor Volunteer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07051-02-9
A. 4742--A 2
Fire Department, Inc., 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 Huntington Manor Volunteer Fire Department, Inc. prior to the actual performance by such person of five years service as an active volunteer member of the Huntington Manor Volunteer Fire Department, Inc. paid firefighters, if any, of the Huntington Manor Volunteer Fire Department, 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 indigent, 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 such Huntington Manor 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 written approval of the applicable governmental agency or department 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.
§ 5. Organization meeting; by-laws. The secretary of the Huntington Manor 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 Huntington Manor Volunteer Fire Department, Inc. 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 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 corporation, to wit: the president, the vice-president, the secretary and treasurer and three other members having the title of trustee. Such officers and trustees shall be elected at the annual meeting of such corporation in the manner prescribed by its by-laws.
A. 4742--A 3
§ 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 in the Huntington Manor Fire District, in the county of Suffolk, or within any duly organized territory in which the Huntington Manor Volunteer 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 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 by 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, 2020.
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