NY State Senate Bill 2023-S6289

Senate Bill S6289

Signed By Governor

2023-2024 Legislative Session

Relates to incorporating the Salem Volunteer Fire Department Benevolent Association, and providing for its powers and duties

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 15, 2023	signed chap.444
Sep 07, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.771 substituted for a6783
Jun 07, 2023	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1685 committee discharged and committed to rules
Apr 11, 2023	referred to local government

Votes

- Jun 7, 2023 - Floor Vote
  S6289
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S6289
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Sepúlveda

2023-S6289 (ACTIVE) - Details

See Assembly Version of this Bill:: A6783
Law Section:: Volunteer and Exempt Firefighters' Benevolent Assoc., Inc.

2023-S6289 (ACTIVE) - Summary

Relates to incorporating the Salem Volunteer Fire Department Benevolent Association, and providing for its powers and duties.

2023-S6289 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6289

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to incorporate the Salem Volunteer Fire Department Benevolent
Association, and providing for its powers and duties

 
PURPOSE:

To authorize the formation of a not-for-profit corporation by the name
of "Salem Fire Department Benevolent Association"

 
SUMMARY OF PROVISIONS:

Section 1: Provides for the incorporation of the association.

Section 2: Provides for those eligible for membership in the associ-
ation.

Section 3: Provides for the purposes of the association.

Section 4: Provides for the powers and duties of the association.

Section 5: Provides for the organizational meeting of the association.

Section 6: Provides for the control and disposal of funds and property
of the association.

Section 7: Provides for the payment of foreign fire insurance premium
taxes.

Section 8: Sets the effective date.

 
JUSTIFICATION:

This bill has been introduced at the request of the Salem Volunteer Fire
Department in Washington County to incorporate a benevolent association
for the benefit of the fire department and its members.  This bill would
greatly add in the retention of active volunteer firefighters in their
community.

The purpose of the corporation will also provide relief, aid and assist-
ance to the volunteer members of such corporation who are indigent or
disabled or injured in the performance of their duties, and their fami-
lies; to maintain a suitable headquarters for the members of the corpo-
ration; to promote and safeguard the welfare of the volunteer members of
the corporation, and their families; to provide for the health and safe-
ty of the volunteer members of the corporation; and to enhance the
morale of the volunteer members of the corporation by providing social
and recreational activities for the volunteer members of the corpo-
ration, and the promotion of the volunteer fire service within the
territory protected by the Salem Volunteer Fire Department, Inc.

This bill would model many similar laws recently enacted for other fire
departments, including Chapter 700 of the laws of 2022, and Chapter 378
of the laws of 2021.

 
LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S6289 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6289
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to incorporate the Salem  Volunteer  Fire  Department  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:
 
   Section 1. Incorporation; membership. A not-for-profit corporation  by
 the name of the "Salem Volunteer Fire Department Benevolent Association"
 is  hereby  created.  It  shall  be composed of such persons eligible to
 membership therein as shall be provided pursuant to  the  provisions  of
 this  act and shall (a) notify the secretary of the Salem Volunteer Fire
 Department, Inc., a volunteer fire company,  in  writing  prior  to  the
 organization meeting hereinafter provided for of the corporation created
 by  this act of their desire to become members, or (b) attend such meet-
 ing or an adjournment thereof and signify their  intention  of  becoming
 members of such corporation at such meeting, or (c) notify the secretary
 of the corporation hereby created in writing within sixty days after his
 or her election of their desire to become members thereof, and also such
 persons so eligible as may thereafter become members of such corporation
 pursuant to its by-laws.
   § 2. Persons eligible for membership. All persons who are now, or have
 been, or hereafter shall be active volunteer members of the Salem Volun-
 teer  Fire  Department,  Inc.  in the county of Washington, and who have
 acquired or shall hereafter acquire the status of exempt volunteer fire-
 fighter as defined in section 200 of the general municipal law by virtue
 of having rendered service in the Salem Volunteer Fire Department, Inc.,
 and all persons who are now  or  hereafter  shall  be  active  volunteer
 members  of the Salem Volunteer Fire Department, Inc., shall be eligible
 for membership in the corporation created by this act, except  that  any
 firefighter who has been removed for cause, expelled or dropped from the
 rolls of the Salem Volunteer Fire Department, Inc., and who has not been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10769-01-3

 S. 6289                             2
 
 reinstated  therein, shall not be eligible for membership in such corpo-
 ration. The membership of any person in such corporation shall terminate
 upon the withdrawal of such person as an active volunteer member of  the
 Salem Volunteer Fire Department, Inc. prior to the actual performance by
 such  person of five years' service as an active volunteer member of the
 Salem Volunteer Fire Department, Inc. Paid firefighters, if any, in  the
 Salem Volunteer Fire Department, Inc., shall not be eligible for member-
 ship in the corporation.
   §  3.  Purposes.  The  purposes of the corporation created by this act
 are:  to provide relief, aid and assistance to the volunteer members  of
 such corporation who are indigent or disabled or injured in the perform-
 ance  of  their duties, and their families; to maintain a suitable head-
 quarters for the members of the corporation; to  promote  and  safeguard
 the welfare of the volunteer members of the corporation, and their fami-
 lies;  to  provide for the health and safety of the volunteer members of
 the corporation; and to enhance the morale of the volunteer  members  of
 the  corporation by providing social and recreational activities for the
 volunteer members of the corporation, and the promotion of the volunteer
 fire service within the territory protected by the Salem Volunteer  Fire
 Department, Inc.
   §  4. Powers and duties. Such corporation shall have all the powers of
 a not-for-profit corporation, and the  provisions  of  law  relating  to
 not-for-profit corporations shall apply to such corporation except where
 they conflict with the provisions of this act. However, unless the writ-
 ten  approval  of the applicable governmental entity or department shall
 have first been obtained, such corporation shall not establish and main-
 tain any home or institution which, if  separately  incorporated,  would
 require the approval of such department or governmental entity.
   §  5. Organization meeting; by-laws. The secretary of the Salem Volun-
 teer Fire Department, Inc. shall call a meeting for the organization  of
 such  corporation  to  be  held not later than sixty days after this act
 takes effect, notice of which shall be given be the secretary by posting
 or causing to be posted a notice  thereof  in  five  conspicuous  places
 within  the  territory protected by the Salem Volunteer Fire Department,
 Inc. and also by publication of notice thereof in one or more newspapers
 having a general circulation within such territory and also by conspicu-
 ously posting such notice on the fire company's internet  website.  Such
 posting  and publication shall be effectuated at least ten days prior to
 the date of such meeting. At such meeting or  any  adjournment  thereof,
 the  members  of  such corporation present shall adopt by-laws and elect
 officers and directors to serve until the  first  annual  meeting  which
 shall  be  held on a date to be fixed by the by-laws. Any member failing
 to comply with the by-laws, rules or regulations duly  adopted  by  such
 corporation  shall be subject to suspension and expulsion in such manner
 as may be provided for in such by-laws. Any  members  who  cease  to  be
 such,  voluntarily or otherwise, shall forfeit all interest in the prop-
 erty of such corporation.
   § 6. Control and disposal of  funds  and  property.  The  control  and
 disposal  of the funds and property of said corporation, the exercise of
 its powers, and the management and control of  its  affairs,  except  as
 hereinafter  provided,  shall  be  vested in and exercised by a board of
 trustees which shall consist of no less than seven members of the corpo-
 ration, to wit: the president, the  vice-president,  the  secretary  and
 treasurer  and  three  other  members  having the title of trustee. Such
 officers and trustees shall be elected at the  annual  meeting  of  such
 corporation in the manner prescribed by its by-laws.
 S. 6289                             3
 
   § 7. Precept for payment of foreign fire insurance premium taxes. Such
 corporation  shall  collect  and  there  shall  be  paid to it all taxes
 imposed by section 9104 of the insurance law for fire department use and
 benefit, upon premiums for insurance against  loss  or  damage  by  fire
 covering  property  protected  by  the  Salem Volunteer Fire Department,
 Inc., in the county of Washington, or within any duly organized territo-
 ry in which the Salem Volunteer Fire Department, Inc. is or may be obli-
 gated to render fire protection. The officer of said corporation  desig-
 nated by its by-laws to collect and receive the aforesaid tax shall have
 all  the  powers  and  be subject to all the provisions of the insurance
 law, relating to treasurers of fire departments. Such corporation  shall
 also  be  entitled to receive a share of the tax imposed by section 9105
 of the insurance law, based upon the business written in  the  territory
 with  respect  to  which  it  is entitled to collect and receive the tax
 under section 9104 of the insurance law. Such taxes shall only  be  used
 by  the  corporation  in  furtherance  of  its  purposes as set forth in
 section three of this act.
   § 8. 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, 2024.

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