|SAME AS||SAME AS S06065|
|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.|
|05/18/2017||referred to corporations, authorities and commissions|
|06/14/2017||enacting clause stricken|
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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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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. LBD11340-02-7A. 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 associationA. 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.