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A07910 Summary:

BILL NOA07910
 
SAME ASSAME AS S06065
 
SPONSORStec
 
COSPNSR
 
MLTSPNSR
 
 
Provides for the establishment of the "Adirondack Volunteer Firefighters' Benevolent Association" for the benefit for the firefighters of Northern New York; provides for its powers and duties.
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A07910 Actions:

BILL NOA07910
 
05/18/2017referred to corporations, authorities and commissions
06/14/2017enacting clause stricken
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A07910 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7910
 
SPONSOR: Stec
  TITLE OF BILL: An act to incorporate the Adirondack Volunteer Firefighters' Benevolent Association, and providing for its powers and duties   PURPOSE: Provides for the establishment of the "Adirondack Volunteer Firefighter Benevolent Association" for the benefit for the firefighters of Northern New York.   SUMMARY OF PROVISIONS: Section 1: Establishes the "Adirondack Volunteer Firefighter Benevolent Association" as a not-for-profit association. Section 2: Establishes eligibility for membership. Section 3: The purpose of the association created by this act are to provide relief, aid and assistance to volunteer fighters who are disa- bled or injured in the performance of their duties, and their families. Section 4: The powers and duties of the association shall have all the powers of a not-for-profit. Section 5: Organization meetings and by-laws. Section 6: Control and Disposal of funds and property shall be vested in and exercised by a board of trustees. Section 7: Establishes precept for payment of foreign fire insurance premium taxes. Section 8: Effective date.   JUSTIFICATION: With this organization created, volunteer firefighters can ask for help for themselves and their families when they are in times of financial hardships due to injury, illness, loss of employment or death. When asking for help, the volunteer firefighters or their families will keep their pride in tact because everything is completed by a seven member board of directors anonymously. The Adirondack Volunteer Firefighters Benevolent Association will add to the availability of financial aid that are similar to other organizations such as "The North Country Hard- ship Fund" and "The Helpers Fund". The need for the Adirondack Volunteer Firefighters Benevolent Association is to create an organization that will only deal with volunteer firefighters and to provide much needed aid.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined.   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, 2017.
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A07910 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7910
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 18, 2017
                                       ___________
 
        Introduced  by  M. of A. STEC -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to incorporate the Adirondack Volunteer Firefighters'  Benevolent
          Association, 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:
 
     1    Section 1. Incorporation; membership. A not-for-profit association  by
     2  the  name of "Adirondack Volunteer Firefighters' Benevolent Association"
     3  is hereby created. It shall be composed  of  such  persons  eligible  to
     4  membership  therein  as  provided  in  this act and shall (a) notify the
     5  secretary of such association in writing prior to the organization meet-
     6  ing provided for in this act of the association created by this  act  of
     7  their  desire  to become members, or (b) shall attend such meeting or an
     8  adjournment thereof and signify their intention of becoming  members  of
     9  such  association  at such meeting, or (c) shall notify the secretary of
    10  the association hereby created in writing within sixty days after his or
    11  her election of their desire to become members thereof,  and  also  such
    12  persons so eligible as may thereafter become members of such association
    13  pursuant to its by-laws.
    14    § 2. Persons eligible for membership. All persons who are now, or have
    15  been,  or  hereafter  shall be active volunteer members of the volunteer
    16  fire service within, but not limited to, the county of Warren,  and  who
    17  have  acquired or shall hereafter acquire the status of exempt volunteer
    18  firefighter as defined in section 200 of the general  municipal  law  by
    19  virtue  of  having  rendered service in such volunteer fire service, and
    20  all persons who are now or hereafter shall be active  volunteer  members
    21  of  such volunteer fire service, shall be eligible for membership in the
    22  association created by this act, except that  any  firefighter  who  has
    23  been  removed  for  cause,  expelled  or  dropped from the rolls of such
    24  volunteer fire service, and who has not been reinstated  therein,  shall
    25  not  be  eligible  for membership in such association. The membership of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11340-02-7

        A. 7910                             2
 
     1  any person in such association shall terminate upon  the  withdrawal  of
     2  such  person as an active volunteer member of the fire department within
     3  such volunteer fire service prior to  the  actual  performance  by  such
     4  person  of  five  years service as an active volunteer firefighter. Paid
     5  firefighters, if any, of such  volunteer  fire  service,  shall  not  be
     6  eligible for membership in the association.
     7    §  3.  Purposes.  The  purposes of the association created by this act
     8  are: to provide relief, aid and assistance to volunteer firefighters who
     9  are disabled or injured in the performance of their  duties,  and  their
    10  families;  to  promote and safeguard the welfare of volunteer firefight-
    11  ers, and their families; to provide for the health and safety of  volun-
    12  teer  firefighters;  and to enhance the morale of volunteer firefighters
    13  by providing social and recreational activities for volunteer firefight-
    14  ers of the association, and the promotion of the volunteer fire  service
    15  within the territory protected by such volunteer fire service.
    16    §  4. Powers and duties. Such association shall have all the powers of
    17  a not-for-profit corporation, and the  provisions  of  law  relating  to
    18  not-for-profit corporations shall apply to such association except where
    19  they  conflict  with  the  provisions of this act.   However, unless the
    20  written approval of the department of family assistance shall have first
    21  been obtained such association shall not establish and maintain any home
    22  or institution which, if  separately  incorporated,  would  require  the
    23  approval of such department.
    24    §  5.  Organization meeting; by-laws. The secretary of the association
    25  shall call a meeting for the organization of such association to be held
    26  not later than sixty days after this act takes effect, notice  of  which
    27  shall  be  given  by  the secretary by posting or causing to be posted a
    28  notice thereof in five conspicuous places within the territory protected
    29  by each volunteer fire department within such volunteer fire service and
    30  also by publication of notice thereof in one or more newspapers having a
    31  general circulation within such territory, and such posting and publica-
    32  tion shall be effected at least ten days prior to the date of such meet-
    33  ing. At such meeting or any adjournment thereof,  the  members  of  such
    34  association present shall adopt by-laws and elect officers and directors
    35  to serve until the first annual meeting which shall be held on a date to
    36  be  fixed by the by-laws. Any member failing to comply with the by-laws,
    37  rules or regulations duly adopted by such association shall  be  subject
    38  to  suspension  and  expulsion  in such manner as may be provided for in
    39  such by-laws. Any member, who ceases to be such, voluntarily  or  other-
    40  wise, shall forfeit all interest in the property of such association.
    41    §  6.  Control  and  disposal  of  funds and property. The control and
    42  disposal of the funds and property of the said association, the exercise
    43  of its powers, and the management and control of its affairs, except  as
    44  provided  in  this  act,  shall be vested in and exercised by a board of
    45  trustees which shall consist of no less than seven members of the  asso-
    46  ciation,  to  wit:  the president, the vice-president, the secretary and
    47  treasurer and three other members having  the  title  of  trustee.  Such
    48  officers  and  directors  shall be elected at the annual meeting of such
    49  association in the manner prescribed by its by-laws.
    50    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    51  association shall collect and there  shall  be  paid  to  it  all  taxes
    52  imposed  by  article 91 of the insurance law for fire department use and
    53  benefit, upon premiums for insurance against  loss  or  damage  by  fire
    54  covering  property  situated in the volunteer fire department protection
    55  districts within, but not limited to, the county of Warren is or may  be
    56  obligated  to  render  fire  protection. The officer of said association

        A. 7910                             3
 
     1  designated by its by-laws to collect and receive the aforesaid tax shall
     2  have all the powers and be subject to all the provisions of  the  insur-
     3  ance  law,  relating to treasurers of fire departments. Such association
     4  shall  also be entitled to receive a share of the tax imposed by article
     5  91 of the insurance law, based upon the business written in the territo-
     6  ry with respect to which it is entitled to collect and receive  the  tax
     7  under article 91 of the insurance law. Such taxes shall only be used for
     8  the  care and relief of disabled or indigent volunteer and exempt volun-
     9  teer firefighters and their families.
    10    § 8. This act shall take effect immediately; provided,  however,  that
    11  the  provisions of section seven of this act shall apply to taxes due on
    12  premiums received on and after January 1, 2017.
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