Bill Text: NY S08835 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to the Main-Transit Volunteer Fire Department Benevolent Association's purpose and the use of foreign fire insurance premium taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-24 - SUBSTITUTED BY A10039A [S08835 Detail]

Download: New_York-2021-S08835-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8835--A

                    IN SENATE

                                     April 22, 2022
                                       ___________

        Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend chapter 425 of the laws of 2012, incorporating the Main-
          Transit Volunteer  Exempt  Firefighter's  Benevolent  Association  and
          providing  for  its powers and duties, in relation to the Main-Transit
          Volunteer Fire Department Benevolent Association's purpose and the use
          of foreign fire insurance premium taxes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Sections  1,  3 and 7 of chapter 425 of the laws of 2012,
     2  incorporating the Main-Transit Volunteer Exempt Firefighter's Benevolent
     3  Association and providing for its powers and duties, are amended to read
     4  as follows:
     5    Section 1. Incorporation; membership. A not-for-profit corporation  by
     6  the  name of "Main-Transit Volunteer [Exempt Firefighter's] Fire Depart-
     7  ment Benevolent Association" is hereby created. It shall be composed  of
     8  such  persons eligible to membership therein as hereinafter provided and
     9  shall (a) notify the secretary of Main-Transit Fire Department, a volun-
    10  teer fire company, in writing prior to the organization meeting  herein-
    11  after  provided  for  of  the  corporation  created by this act of their
    12  desire to become members,  or  (b)  shall  attend  such  meeting  or  an
    13  adjournment thereof, and also such persons so eligible as may thereafter
    14  become members of such corporation pursuant to its by-laws.
    15    §  3. Purposes. [The purposes of such corporation shall be the mainte-
    16  nance of suitable headquarters  for,  and  the  promotion  of  fraternal
    17  intercourse  among the members of such corporation, the relief, aid, and
    18  assistance of volunteer firefighters and their families who are disabled
    19  or indigent, and the promotion of the  welfare  of  the  volunteer  fire
    20  service.]  The purposes of the corporation created by this act shall be:
    21  to provide relief, aid and assistance to the volunteer members  of  such
    22  corporation  who are disabled, indigent or injured in the performance of
    23  their duties, and their families; to promote and safeguard  the  welfare

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15383-03-2
        S. 8835--A                          2

     1  of  the  volunteer  members  of such corporation, and their families; to
     2  maintain a suitable headquarters for the members of such corporation; to
     3  provide for the health and safety  of  the  volunteer  members  of  such
     4  corporation;  and to enhance the morale of the volunteer members of such
     5  corporation by providing social  and  recreational  activities  for  the
     6  volunteer  members  of such corporation, and the promotion of the volun-
     7  teer fire service within the territory protected by  such  fire  depart-
     8  ment.
     9    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    10  corporation  shall  collect  and  there  shall  be  paid to it all taxes
    11  imposed by article 91 of the insurance law for fire department  use  and
    12  benefit,  upon  premiums  for  insurance  against loss or damage by fire
    13  covering property situated in  the  Main-Transit  Fire  Department  fire
    14  protection  district,  in the town of Amherst, county of Erie, or within
    15  any duly organized territory in which the Main-Transit  Fire  Department
    16  is  or  may  be obligated to render fire protection. The officer of said
    17  corporation designated by its by-laws to collect and receive the  afore-
    18  said  tax shall have all the powers and be subject to all the provisions
    19  of the insurance law, relating to treasurers of fire  departments.  Such
    20  corporation shall also be entitled to receive a share of the tax imposed
    21  by  article  91 of the insurance law, based upon the business written in
    22  the territory with respect to  which  it  is  entitled  to  collect  and
    23  receive  the tax under article 91 of the insurance law. Such taxes shall
    24  only be used [for the care and relief of disabled or indigent  volunteer
    25  and exempt volunteer firefighters and their families] by the corporation
    26  in  furtherance  of  its  purposes as set forth in section three of this
    27  act.
    28    § 2. This act shall take effect immediately;  provided  however,  that
    29  the  amendments  to section 7 of chapter 425 of the laws of 2012 made by
    30  section one of this act shall apply to taxes due on premiums received on
    31  and after January 1, 2023.