New York State Assembly

 
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A09125 Summary:

A09125 Actions:

A09125 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:02/13/2024AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Thiele
Aye
Brown
Aye
Ramos
Aye
Friend
Aye
Otis
Aye
Manktelow
Aye
Woerner
Aye
Gallahan
Aye
Jacobson
Aye
Simpson
Aye
Darling
Aye
Beephan
Aye
Clark
Aye
Conrad
Aye
Rivera
Aye
Lunsford
Aye
Levenberg
Aye
Shimsky
Aye
Shrestha
Aye
Eachus
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:04/04/2024AYE/NAY:35/0  Action: Favorable         
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

A09125 Floor Votes:

A09125 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9125
 
                   IN ASSEMBLY
 
                                    February 8, 2024
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to incorporate the Bedford Hills Fire Department Benevolent Asso-
          ciation 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 corporation by
     2  the name of "Bedford Hills Fire Department  Benevolent  Association"  is
     3  hereby created. It shall be composed of such persons eligible to member-
     4  ship  therein as hereinafter provided and shall (a) notify the secretary
     5  of the Bedford Hills Fire Department, a volunteer  fire  department,  in
     6  writing  prior  to  the organization meeting hereinafter provided for of
     7  the corporation created by this act of their desire to  become  members,
     8  or  (b)  attend such meeting or an adjournment thereof and signify their
     9  intention of becoming members of such corporation at  such  meeting,  or
    10  (c)  notify  the  secretary of the corporation hereby created in writing
    11  within sixty days after his or her election of their  desire  to  become
    12  members  thereof,  and  also  such persons so eligible as may thereafter
    13  become members of such corporation 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  Bedford
    16  Hills  Fire  Department  in  the  county  of  Westchester,  and who have
    17  acquired or shall hereafter acquire the status of exempt volunteer fire-
    18  fighter as defined in section 200 of the general municipal law by virtue
    19  of having rendered service in the Bedford Hills Fire  Department,  shall
    20  be  eligible  for  membership  in  the  corporation created by this act,
    21  except that any firefighter who has been removed for cause, expelled  or
    22  dropped from the rolls of the Bedford Hills Fire Department, and who has
    23  not  been  reinstated  therein,  shall not be eligible for membership in
    24  such corporation. The membership of any person in such corporation shall
    25  terminate upon the withdrawal of such  person  as  an  active  volunteer
    26  member of the Bedford Hills Fire Department prior to the actual perform-
    27  ance by such person of five years' service as an active volunteer member
    28  of  the Bedford Hills Fire Department. Paid firefighters, if any, of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13294-01-3
        A. 9125                             2
 
     1  Bedford Hills Fire District, shall not be eligible for membership in the
     2  corporation.
     3    §  3.  Purposes.  The  purposes of the corporation created by this act
     4  are:  to provide relief, aid and assistance to the volunteer members  of
     5  such  corporation  who are indigent, disabled or injured in the perform-
     6  ance of their duties, and their families; to maintain a  suitable  head-
     7  quarters  for  the  members of the corporation; to promote and safeguard
     8  the welfare of the volunteer members of the corporation, and their fami-
     9  lies; to provide for the health and safety of the volunteer  members  of
    10  the  corporation;  and to enhance the morale of the volunteer members of
    11  the corporation by providing social and recreational activities for  the
    12  volunteer members of the corporation, and the promotion of the volunteer
    13  fire  service  within  the territory protected by the Bedford Hills Fire
    14  Department.
    15    § 4. Powers and duties. Such corporation shall have all the powers  of
    16  a  not-for-profit  corporation,  and  the  provisions of law relating to
    17  not-for-profit corporations shall apply to this corporation except where
    18  they conflict with the provisions of this act. However, unless the writ-
    19  ten approval of the applicable governmental agency or  department  shall
    20  have  first been obtained such corporation shall not establish and main-
    21  tain any home or institution which, if  separately  incorporated,  would
    22  require the approval of such department.
    23    § 5. Organization meeting; by-laws. The secretary of the Bedford Hills
    24  Fire Department shall call a meeting for the organization of such corpo-
    25  ration  to  be  held not later than 60 days after this act takes effect,
    26  notice of which shall be given by the secretary by posting or causing to
    27  be posted a notice thereof in five conspicuous places within the  terri-
    28  tory protected by the Bedford Hills Fire Department and also by publica-
    29  tion of notice thereof in one or more newspapers having a general circu-
    30  lation  within such territory, and such posting and publication shall be
    31  effected at least 10 days prior to the date of  such  meeting.  At  such
    32  meeting  or  any  adjournment  thereof,  the members of such corporation
    33  shall present and adopt by-laws and  elect  officers  and  directors  to
    34  serve until the first annual meeting which shall be held on a date to be
    35  fixed  by  the  by-laws.  Any member failing to comply with the by-laws,
    36  rules or regulations duly adopted by such corporation shall  be  subject
    37  to  suspension  and  expulsion  in such manner as may be provided for in
    38  such by-laws. Any members who ceases to be such, voluntarily  or  other-
    39  wise, shall forfeit all interest in the property of such corporation.
    40    §  6.  Control  and  disposal  of  funds and property. The control and
    41  disposal of the funds and property of the said corporation, the exercise
    42  of its powers, and the management and control of its affairs, except  as
    43  hereinafter  provided,  shall  be  vested in and exercised by a board of
    44  trustees which shall consist of no less than 7  members  of  the  corpo-
    45  ration,  to  wit:  the  president, the vice-president, the secretary and
    46  treasurer and three other members having  the  title  of  trustee.  Such
    47  officers  and  trustees  shall  be elected at the annual meeting of such
    48  corporation in the manner prescribed by its by-laws.
    49    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    50  corporation shall collect and there  shall  be  paid  to  it  all  taxes
    51  imposed by section 9104 of the insurance law for fire department use and
    52  benefit,  upon  premiums  for  insurance  against loss or damage by fire
    53  covering property situated in the Bedford Hills Fire District, county of
    54  Westchester, or within any duly organized territory in which the Bedford
    55  Hills Fire Department is or may be obligated to render fire  protection.
    56  The officer of said corporation designated by its by-laws to collect and
        A. 9125                             3
 
     1  receive  the  aforesaid  tax shall have all the powers and be subject to
     2  all the provisions of the insurance law, relating to treasurers of  fire
     3  departments.  Such corporation shall also be entitled to receive a share
     4  of  the tax imposed by section 9105 of the insurance law, based upon the
     5  business written in the territory with respect to which it  is  entitled
     6  to  collect and receive the tax under section 9104 of the insurance law.
     7  Such taxes shall only be used by the corporation in furtherance  of  its
     8  purposes as set forth in section three of this act.
     9    §  8.  This act shall take effect immediately; provided, however, that
    10  the provisions of section seven of this act shall apply to taxes due  on
    11  premiums received on and after January 1, 2025.