What's happening
This bill creates the Jamison Road Volunteer Fire Benevolent Association, Inc. to support volunteer firefighters and their families in Erie County, NY.
Why it matters
Direct support for injured or disabled volunteer firefighters. The association will provide financial relief, aid, and assistance to Jamison Road volunteer firefighters who are disabled or injured while performing their duties, as well as to their families. This creates a formal safety net for those taking personal risks to protect the community.
Control over fire insurance tax revenues. The newly created association will collect and manage “foreign fire insurance premium taxes” (fees paid by insurance companies for insuring property against fire), which must be used to support the welfare, health, and morale of the volunteer firefighters, ensuring these funds directly benefit local fire service members.
Community and morale benefits. By offering social and recreational activities and maintaining a dedicated headquarters, the association aims to foster camaraderie, retention, and morale among volunteers, which can improve the effectiveness and sustainability of the local fire company.
Clear eligibility standards and governance. Only active or exempt Jamison Road volunteer firefighters (not paid firefighters or those removed for cause) can join, and the association will be managed by a board of trustees elected by its members, ensuring it remains governed by and for the volunteers it serves.
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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
- Signed chap.366
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.686
- Substituted for A6464
- Referred to local governments
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.382
Show 1 earlier action
- 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.
Create Firefighter Benefit Group
Assembly Floor Calendar · Sponsor David DiPietro
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3476
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT in relation to creating the Jamison Road Volunteer Fire Benevolent Association, Inc.
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 the "Jamison Road Volunteer Fire Benevolent Association, Inc." is hereby created. It shall be composed of such persons eligible to membership therein as shall be provided pursuant to the provisions of this act and shall (a) notify the secretary of the Jamison Road Volunteer Fire Company, 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) 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 Jamison Road Volunteer Fire Company, Inc. in the county of Erie, 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 Jamison Road Volunteer Fire Company, Inc., and all persons who are now or hereafter shall be active volunteer members of the Jamison Road Volunteer Fire Company, 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 Jamison Road Volunteer Fire Company, Inc., and who
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07944-01-9
S. 3476 2
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 Jamison Road Volunteer Fire Company, Inc. prior to the actual performance by such person of five years service as an active volunteer member of the Jamison Road Volunteer Fire Company, Inc. Paid firefighters, if any, of the Jamison Road Volunteer Fire Company, 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 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 the Jamison Road Volunteer Fire Company, 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 or governmental agency.
§ 5. Organization meeting; by-laws. The secretary of the Jamison Road Volunteer Fire Company, 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 Jamison Road Volunteer Fire Company, Inc. and also by publication of notice thereof in one or more newspapers having a general circulation within such territory and also by conspicuously posting such notice on the fire company's internet website. Such posting and publication shall be effectuated 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 directors shall be elected at the annual meeting of such corporation in the manner prescribed by its by-laws.
S. 3476 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 protected by the Jamison Road Volunteer Fire Company, Inc., in the town of Elma, in the county of Erie, or within any duly organized territory in which the Jamison Road Volunteer Fire Company, Inc. 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 in 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 in relation to creating the Jamison Road Volun- teer Fire Benevolent Association, Inc.
Purpose or general idea of bill
This legislation establishes the Jamison Road Volunteer Fire Benevolent Association, a not-for-profit corporation whose primary purpose is to provide relief, aid and assistance to the volunteer members of the asso- ciation who were disabled or injured in the line of duty, and to their families.
Summary of specific provisions
Section 1. Establishes the not-for-profit Jamison Road Volunteer Fire Benevolent Association.
Section 2. Establishes persons eligible for membership to such associ- ation.
Section 3. Prescribes that the purpose of the corporation is to, in part, provide relief, aid and assistance to the volunteer members of such corporation who are disabled or injured in the performance of their duties.
Section 4. Establishes the Association's powers and duties.
Section 5. Establishes the Association's rules governing meetings and bylaws.
Section 6. Establishes the control and disposal of funds and property of the Association.
Section 7. Authorizes the Association to receive funds generated by the taxing of foreign and alien fire insurance companies as well as foreign mutual fire insurance companies.
Section 8. Establishes the effective date.
Justification
Volunteer firefighters provide vital emergency services to a plurality of communities across the State of New York. The efforts of these dedi- cated volunteers save lives and property every day. By establishing the Jamison Road Fire Benevolent Association into state law, the association will be afforded the necessary statutory authority to provide much need- ed aid to those volunteer firefighters, and their families, who have been injured or permanently disabled while serving the community.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.