New York State Assembly

 
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A11115 Summary:

A11115 Actions:

A11115 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Magnarelli      
DATE:06/18/2018AYE/NAY:18/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
Friend
Aye
Gantt
Excused
Stec
Aye
Magee
Aye
Brabenec
Aye
Ramos
Aye
Miller
Aye
Jenne
Aye
Tague
Aye
Bronson
Aye
Ryan
Aye
Buchwald
Aye
Otis
Aye
Skoufis
Aye
Jean-Pierre
Aye
Woerner
Aye
Wallace
Aye
Thiele
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/19/2018AYE/NAY:30/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Absent
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Excused
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Absent
Braunstein
Absent
McDonald
Aye
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

Committee:RULES   Chair:Heastie      
DATE:06/19/2018AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A11115 Floor Votes:

A11115 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11115--A
 
                   IN ASSEMBLY
 
                                      June 5, 2018
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of 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 Cold Spring Harbor Volunteer and Exempt  Fire-
          fighters'  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 corporation by
     2  the name of "Cold  Spring  Harbor  Volunteer  and  Exempt  Firefighters'
     3  Benevolent  Association, Inc."   is hereby created. It shall be composed
     4  of such persons eligible to membership  therein  as  shall  be  provided
     5  pursuant  to  the provisions of this act and shall (a) notify the secre-
     6  tary of the Cold Spring Harbor Volunteer Fire Department, Inc., a volun-
     7  teer fire company, in writing prior to the organization meeting  herein-
     8  after  provided  for  of  the  corporation  created by this act of their
     9  desire to become members, or (b) attend such meeting or  an  adjournment
    10  thereof  and  signify their intention of becoming members of such corpo-
    11  ration at such meeting, or (c) notify the secretary of  the  corporation
    12  hereby created in writing within sixty days after his or her election of
    13  their  desire to become members thereof, and also such persons so eligi-
    14  ble as may thereafter become members of such corporation pursuant to its
    15  by-laws.
    16    § 2. Persons eligible for membership. All persons who are now, or have
    17  been, or hereafter shall be active volunteer members of the Cold  Spring
    18  Harbor  Volunteer  Fire Department, Inc.   in the county of Suffolk, and
    19  who have acquired or shall hereafter acquire the status of exempt volun-
    20  teer firefighter as defined in section 200 of the general municipal  law
    21  by virtue of having rendered service in the Cold Spring Harbor Volunteer
    22  Fire Department, Inc., and all persons who are now or hereafter shall be
    23  active  volunteer  members  of  the  Cold  Spring  Harbor Volunteer Fire
    24  Department, Inc., shall be eligible for membership  in  the  corporation
    25  created  by  this  act, except that any firefighter who has been removed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16023-04-8
        A. 11115--A                         2
 
     1  for cause, expelled or dropped from the rolls of the Cold Spring  Harbor
     2  Volunteer  Fire Department, Inc., and who has not been reinstated there-
     3  in, shall not be  eligible  for  membership  in  such  corporation.  The
     4  membership  of  any  person in such corporation shall terminate upon the
     5  withdrawal of such person as an active  volunteer  member  of  the  Cold
     6  Spring  Harbor  Volunteer  Fire  Department,  Inc.   prior to the actual
     7  performance by such person of five years service as an active  volunteer
     8  member  of  the Cold Spring Harbor Volunteer Fire Department, Inc.  Paid
     9  firefighters, if any, of the Cold Spring Harbor Volunteer  Fire  Depart-
    10  ment, Inc., shall not be eligible for membership in the corporation.
    11    §  3.  Purposes.  The  purposes of the corporation created by this act
    12  are:  to provide relief, aid and assistance to the volunteer members  of
    13  such corporation who are disabled or injured in the performance of their
    14  duties,  and their families; to maintain a suitable headquarters for the
    15  members of such corporation; to promote and safeguard the welfare of the
    16  volunteer members of the corporation, and their families; to provide for
    17  the health and safety of the volunteer members of the  corporation;  and
    18  to  enhance  the  morale  of the volunteer members of the corporation by
    19  providing social and recreational activities for the  volunteer  members
    20  of  the  corporation,  and  the  promotion of the volunteer fire service
    21  within the territory protected by the Cold Spring Harbor Volunteer  Fire
    22  Department, Inc.
    23    §  4. Powers and duties. Such corporation shall have all the powers of
    24  a not-for-profit corporation, and the  provisions  of  law  relating  to
    25  not-for-profit corporations shall apply to such corporation except where
    26  they conflict with the provisions of this act. However, unless the writ-
    27  ten  approval  of the applicable governmental agency or department shall
    28  have first been obtained such corporation shall not establish and  main-
    29  tain  any  home  or institution which, if separately incorporated, would
    30  require the approval of such department.
    31    § 5. Organization meeting; by-laws. The secretary of the  Cold  Spring
    32  Harbor  Volunteer  Fire  Department, Inc.   shall call a meeting for the
    33  organization of such corporation to be held not later than 60 days after
    34  this act takes effect, notice of which shall be given by  the  secretary
    35  by  posting or causing to be posted a notice thereof in five conspicuous
    36  places within the territory protected by the Cold Spring  Harbor  Volun-
    37  teer Fire Department, Inc.  and also by publication of notice thereof in
    38  one or more newspapers having a general circulation within such territo-
    39  ry,  and such posting and publication shall be effected at least 10 days
    40  prior to the date of such meeting. At such meeting  or  any  adjournment
    41  thereof, the members of such corporation present shall adopt by-laws and
    42  elect  officers  and  directors  to serve until the first annual meeting
    43  which shall be held on a date to be fixed by the by-laws.    Any  member
    44  failing to comply with the by-laws, rules or regulations duly adopted by
    45  such  corporation  shall  be subject to suspension and expulsion in such
    46  manner as may be provided for in such by-laws. Any member, who ceases to
    47  be such, voluntarily or otherwise, shall forfeit  all  interest  in  the
    48  property of such corporation.
    49    §  6.  Control  and  disposal  of  funds and property. The control and
    50  disposal of the funds and property of the said corporation, the exercise
    51  of its powers, and the management and control of its affairs, except  as
    52  hereinafter  provided,  shall  be  vested in and exercised by a board of
    53  trustees which shall consist of no less than 7  members  of  the  corpo-
    54  ration,  to  wit:  the  president, the vice-president, the secretary and
    55  treasurer and three other members having  the  title  of  trustee.  Such
        A. 11115--A                         3
 
     1  officers  and  directors  shall be elected at the annual meeting of such
     2  corporation in the manner prescribed by its by-laws.
     3    § 7. Precept for payment of foreign fire insurance premium taxes. Such
     4  corporation  shall  collect  and  there  shall  be  paid to it all taxes
     5  imposed by section 9104 of the insurance law for fire department use and
     6  benefit, upon premiums for insurance against  loss  or  damage  by  fire
     7  covering  property  protected  by  the Cold Spring Harbor Volunteer Fire
     8  Department, Inc., in the town of Huntington, in the county  of  Suffolk,
     9  or  within  any duly organized territory in which the Cold Spring Harbor
    10  Volunteer Fire Department, Inc.  is or may be obligated to  render  fire
    11  protection. The officer of said corporation designated by its by-laws to
    12  collect  and  receive the aforesaid tax shall have all the powers and be
    13  subject to all the provisions of the insurance law, relating to treasur-
    14  ers of fire departments. Such corporation  shall  also  be  entitled  to
    15  receive a share of the tax imposed by section 9105 of the insurance law,
    16  based  upon  the business written in the territory with respect to which
    17  it is entitled to collect and receive the tax under section 9104 of  the
    18  insurance  law.  Such  taxes  shall  only  be used by the corporation in
    19  furtherance of its purposes as set forth in section three of this act.
    20    § 8. This act shall take effect immediately; provided,  however,  that
    21  the  provisions of section seven of this act shall apply to taxes due on
    22  premiums received on and after January 1, 2019.