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S2979Senate2019-2020 SessionSame asA4742

Support for Volunteer Firefighters

Official title

“Authorizes the incorporation of the volunteer exempt firefighter's benevolent association of Huntington Manor”

Sponsor Jim GaughranSD-5Affects Local Government
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill creates the Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor to support eligible volunteer firefighters and manage related funds.

Why it matters

  1. Establishes a dedicated support system for eligible volunteer firefighters. , ensuring there is a formal structure to provide financial assistance, relief, and aid to those who become indigent, disabled, or injured during their service, as well as to their families—addressing gaps that may exist in current firefighter support.

  2. Creates a legal vehicle to manage and safeguard significant financial resources. , specifically foreign fire insurance premium taxes, ensuring that these funds—generated from insurance policies within the fire district—are used directly for the benefit of volunteer firefighters and not diverted elsewhere.

  3. Promotes long-term health, safety, and morale among volunteer firefighters. , not only through direct financial help but also by supporting recreational and social activities, and by maintaining a headquarters for the association, which can serve as an anchor for community and support services.

  4. Sets clear eligibility and membership criteria. , which helps maintain the association's integrity by excluding paid firefighters and those removed from service for cause, ensuring that the association’s resources are focused on volunteers who have maintained good standing within the department.

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Who cares

Headline styles

Support for Volunteer Firefighters

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

No co-sponsors yet.

History

  1. Signed chap.514
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.347
  6. Substituted for A4742A
  7. Referred to local governments
  8. Returned to assembly
  9. Repassed senate
  10. Amended on third reading 2979a
  11. Vote reconsidered - restored to third reading
  12. Returned to senate
Show 8 earlier actions
  1. Recalled from assembly
  2. Referred to local governments
  3. Delivered to assembly
  4. Passed senateVote 61–0
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.207
  8. Referred to local government

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.

A4742Assembly

Create Firefighter Aid Group

Assembly Floor Calendar · Sponsor Steve Stern

Impact 3 · Low0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2979--A Cal. No. 207

2019-2020 Regular Sessions

IN SENATE

January 31, 2019

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07051-03-9

S. 2979--A 2

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 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 corpo-

S. 2979--A 3

ration, 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.

§ 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to incorporate the Volunteer Exempt Firefight- er's Benevolent Association of Huntington Manor and providing for its powers and duties

Purpose or general idea of bill

This legislation would authorize the formation of a not-for-profit corporation by the name of "Volunteer Exempt Firefighters' Benevolent Association of Huntington Manor".

Summary of provisions

Section 1: Provides for the incorporation of the association.

Section 2: Provides for those eligible for membership in the associ- ation.

Section 3: Provides for the purposes of the association.

Section 4: Provides for the powers and duties of the association.

Section 5: Provides for the organizational meeting of the association.

Section 6: Provides for the control and disposal of funds and property of the association.

Section 7: Provides for the payment of foreign fire insurance premium taxes.

Section 8: Sets the effective date.

Justification

Volunteer firefighters perform dangerous duties each and every day in our communities. They offer affordable, reliable protection to our health, wellbeing, and property. They receive no compensation for their efforts except our heartfelt thanks and a small "pension" benefit after years of service. By adopting this legislation, the Huntington Manor Volunteer Fire Department, Inc. would be authorized to create a benevo- lent association which would be able to collect funds to be used for the benefit of firefighters who are sick, disabled or indigent or may have been injured or killed in the line of duty or their families. An analy- sis of the Special Acts of the 51 benevolent associations in Nassau County, NY, reveals that 46 permit the expenditure of 2% tax funds, for amongst other things, the care, relief or assistance of sick or disabled or indigent firefighters and their families. The numbers are similar for Suffolk County, NY.The Volunteer Exempt Firefighter's Benevolent Associ- ation of Huntington Manor desires only that which the vast majority (over 88%) of the benevolent associations in Nassau and Suffolk Counties have to provide aid, care, assistance for sick, disabled and indigent firefighters and their families.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.