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S02979 Summary:

BILL NOS02979A
 
SAME ASSAME AS A04742-A
 
SPONSORGAUGHRAN
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the incorporation of the "Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor".
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S02979 Actions:

BILL NOS02979A
 
01/31/2019REFERRED TO LOCAL GOVERNMENT
03/04/20191ST REPORT CAL.207
03/05/20192ND REPORT CAL.
03/06/2019ADVANCED TO THIRD READING
03/12/2019PASSED SENATE
03/12/2019DELIVERED TO ASSEMBLY
03/12/2019referred to local governments
05/21/2019RECALLED FROM ASSEMBLY
05/21/2019returned to senate
05/21/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
05/21/2019AMENDED ON THIRD READING 2979A
05/29/2019REPASSED SENATE
05/29/2019RETURNED TO ASSEMBLY
05/29/2019referred to local governments
06/18/2019substituted for a4742a
06/18/2019ordered to third reading rules cal.347
06/18/2019passed assembly
06/18/2019returned to senate
11/08/2019DELIVERED TO GOVERNOR
11/20/2019SIGNED CHAP.514
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S02979 Committee Votes:

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S02979 Floor Votes:

DATE:06/18/2019Assembly Vote  YEA/NAY: 146/0
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
ER
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
ER
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S02979 Text:



 
                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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Incorporation; membership. A not-for-profit corporation  by
     2  the  name  of  "Volunteer Exempt Firefighter's Benevolent Association of
     3  Huntington Manor" is hereby  created.  It  shall  be  composed  of  such
     4  persons eligible to membership therein as hereinafter provided and shall
     5  (a)  notify the secretary of the Huntington Manor Volunteer Fire Depart-
     6  ment, Inc., a volunteer fire company, in writing prior to the  organiza-
     7  tion meeting hereinafter provided for of the corporation created by this
     8  act  of their desire to become members, or (b) attend such meeting or an
     9  adjournment thereof and signify their intention of becoming  members  of
    10  such  corporation  at such meeting, or (c) shall notify the secretary of
    11  the corporation hereby created in writing within sixty days after his or
    12  her election of their desire to become members thereof,  and  also  such
    13  persons so eligible as may thereafter become members of such corporation
    14  pursuant to its by-laws.
    15    § 2. Persons eligible for membership. All persons who are now, or have
    16  been,  or  hereafter shall be active volunteer members of the Huntington
    17  Manor Fire District in the county of Suffolk, and who have  acquired  or
    18  shall  hereafter  acquire  the status of exempt volunteer firefighter as
    19  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
 
     1  rendered  service  in  the  Huntington  Manor Volunteer Fire Department,
     2  Inc., shall be eligible for membership in  the  corporation  created  by
     3  this  act,  except  that any firefighter who has been removed for cause,
     4  expelled  or  dropped  from  the rolls of the Huntington Manor Volunteer
     5  Fire Department, Inc., and who has not been  reinstated  therein,  shall
     6  not  be  eligible  for membership in such corporation. The membership of
     7  any person in such corporation shall terminate upon  the  withdrawal  of
     8  such person as an active volunteer member of the Huntington Manor Volun-
     9  teer  Fire  Department,  Inc.    prior to the actual performance by such
    10  person of five years service as an active volunteer member of the  Hunt-
    11  ington Manor Volunteer Fire Department, Inc.  paid firefighters, if any,
    12  of  the  Huntington  Manor Volunteer Fire Department, Inc., shall not be
    13  eligible for membership in the corporation.
    14    § 3. Purposes. The purposes of the corporation  created  by  this  act
    15  are:   to provide relief, aid and assistance to the volunteer members of
    16  such corporation who are indigent, disabled or injured in  the  perform-
    17  ance  of  their duties, and their families; to maintain a suitable head-
    18  quarters for the members of such corporation; to promote  and  safeguard
    19  the welfare of the volunteer members of the corporation, and their fami-
    20  lies;  to  provide for the health and safety of the volunteer members of
    21  the corporation; and to enhance the morale of the volunteer  members  of
    22  the  corporation by providing social and recreational activities for the
    23  volunteer members of the corporation, and the promotion of the volunteer
    24  fire service within the territory protected  by  such  Huntington  Manor
    25  Volunteer Fire Department, Inc.
    26    §  4. Powers and duties. Such corporation shall have all the powers of
    27  a not-for-profit corporation, and the  provisions  of  law  relating  to
    28  not-for-profit corporations shall apply to such corporation except where
    29  they conflict with the provisions of this act. However, unless the writ-
    30  ten  approval  of the applicable governmental agency or department shall
    31  have first been obtained such corporation shall not establish and  main-
    32  tain  any  home  or institution which, if separately incorporated, would
    33  require the approval of such department.
    34    § 5. Organization meeting; by-laws. The secretary  of  the  Huntington
    35  Manor  Volunteer  Fire  Department,  Inc.   shall call a meeting for the
    36  organization of such corporation to be held not later than 60 days after
    37  this act takes effect, notice of which shall be given by  the  secretary
    38  by  posting or causing to be posted a notice thereof in five conspicuous
    39  places within the territory protected by the Huntington Manor  Volunteer
    40  Fire  Department, Inc.  and also by publication of notice thereof in one
    41  or more newspapers having a general circulation within  such  territory,
    42  and  such  posting  and  publication  shall be effected at least 10 days
    43  prior to the date of such meeting. At such meeting  or  any  adjournment
    44  thereof, the members of such corporation present shall adopt by-laws and
    45  elect  officers  and  directors  to serve until the first annual meeting
    46  which shall be held on a date to be fixed by the by-laws.    Any  member
    47  failing to comply with the by-laws, rules or regulations duly adopted by
    48  such  corporation  shall  be subject to suspension and expulsion in such
    49  manner as may be provided for in such by-laws. Any member, who ceases to
    50  be such, voluntarily or otherwise, shall forfeit  all  interest  in  the
    51  property of such corporation.
    52    §  6.  Control  and  disposal  of  funds and property. The control and
    53  disposal of the funds and property of the said corporation, the exercise
    54  of its powers, and the management and control of its affairs, except  as
    55  hereinafter  provided,  shall  be  vested in and exercised by a board of
    56  trustees which shall consist of no less than 7  members  of  the  corpo-

        S. 2979--A                          3
 
     1  ration,  to  wit:  the  president, the vice-president, the secretary and
     2  treasurer and three other members having  the  title  of  trustee.  Such
     3  officers  and  trustees  shall  be elected at the annual meeting of such
     4  corporation in the manner prescribed by its by-laws.
     5    § 7. Precept for payment of foreign fire insurance premium taxes. Such
     6  corporation  shall  collect  and  there  shall  be  paid to it all taxes
     7  imposed by section 9104 of the insurance law for fire department use and
     8  benefit, upon premiums for insurance against  loss  or  damage  by  fire
     9  covering property situated in the Huntington Manor Fire District, in the
    10  county  of  Suffolk, or within any duly organized territory in which the
    11  Huntington Manor Volunteer Fire Department is or  may  be  obligated  to
    12  render  fire  protection.  The officer of said corporation designated by
    13  its by-laws to collect and receive the aforesaid tax shall have all  the
    14  powers and be subject to all the provisions of the insurance law, relat-
    15  ing  to  treasurers  of fire departments. Such corporation shall also be
    16  entitled to receive a share of the tax imposed by section  9105  of  the
    17  insurance  law,  based  upon  the business written in the territory with
    18  respect to which it is entitled to collect and  receive  the  tax  under
    19  section  9104 of the insurance law. Such taxes shall only be used by the
    20  corporation in furtherance of its purposes as set forth by section three
    21  of this act.
    22    § 8. This act shall take effect immediately; provided,  however,  that
    23  the  provisions of section seven of this act shall apply to taxes due on
    24  premiums received on and after January 1, 2020.
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