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A10039 Summary:

BILL NOA10039A
 
SAME ASSAME AS S08835-A
 
SPONSORMcMahon
 
COSPNSR
 
MLTSPNSR
 
Amd 1, 3 & 7, Chap 425 of 2012
 
Relates to the Main-Transit Volunteer Fire Department Benevolent Association's purpose and the use of foreign fire insurance premium taxes.
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A10039 Actions:

BILL NOA10039A
 
04/29/2022referred to local governments
05/04/2022amend and recommit to local governments
05/04/2022print number 10039a
05/10/2022reported referred to ways and means
05/11/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.254
05/17/2022ordered to third reading rules cal.254
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO LOCAL GOVERNMENT
05/24/2022SUBSTITUTED FOR S8835A
05/24/20223RD READING CAL.1459
05/24/2022PASSED SENATE
05/24/2022RETURNED TO ASSEMBLY
06/23/2022delivered to governor
06/30/2022signed chap.285
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A10039 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10039A
 
SPONSOR: McMahon
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This legislation would amend chapter 425 of the laws of 2012 to allow the Main-Transit Volunteer Exempt Firefighter's Benevolent Association to use the foreign fire insurance premium taxes for the purpose of enhancing morale by providing social and recreational activities for its volunteer members, who are indigent, disabled or injured in the perform- ance of their duties, and their families, and to also promote the volun- teer fire service within the territory protected by the Main-Transit Fire Department. This bill also changes the name of the benevolent asso- ciation to the "Main-Transit Volunteer Fire Department Benevolent Asso- ciation".   SUMMARY OF PROVISIONS: Section 1 amends section 1 to change the name of the Association to the Main-Transit Volunteer Fire Department Benevolent Association, section 3 to amend the purposes of the Main-Transit Volunteer Exempt Firefighter's Benevolent Association, and section 7 to update references to the Insur- ance Law. Section 2 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: This bill has been introduced at the request of the Main-Transit Volun- teer Exempt Firefighter's Benevolent Association and the Main-Transit Fire Department. In order to enhance the goals of the Association, it is necessary to amend chapter 425 of the Laws of 2012 to take out language that limits the use of the foreign fire insurance premium taxes received by the Association.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
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A10039 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10039--A
 
                   IN ASSEMBLY
 
                                     April 29, 2022
                                       ___________
 
        Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
          tee on  Local  Governments  --  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
    24  of the volunteer members of such corporation,  and  their  families;  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15383-02-2

        A. 10039--A                         2
 
     1  maintain a suitable headquarters for the members of such corporation; to
     2  provide  for  the  health  and  safety  of the volunteer members of such
     3  corporation; and to enhance the morale of the volunteer members of  such
     4  corporation  by  providing  social  and  recreational activities for the
     5  volunteer members of such corporation, and the promotion of  the  volun-
     6  teer  fire  service  within the territory protected by such fire depart-
     7  ment.
     8    § 7. Precept for payment of foreign fire insurance premium taxes. Such
     9  corporation shall collect and there  shall  be  paid  to  it  all  taxes
    10  imposed  by  article 91 of the insurance law for fire department use and
    11  benefit, upon premiums for insurance against  loss  or  damage  by  fire
    12  covering  property  situated  in  the  Main-Transit Fire Department fire
    13  protection district, in the town of Amherst, county of Erie,  or  within
    14  any  duly  organized territory in which the Main-Transit Fire Department
    15  is or may be obligated to render fire protection. The  officer  of  said
    16  corporation  designated by its by-laws to collect and receive the afore-
    17  said tax shall have all the powers and be subject to all the  provisions
    18  of  the  insurance law, relating to treasurers of fire departments. Such
    19  corporation shall also be entitled to receive a share of the tax imposed
    20  by article 91 of the insurance law, based upon the business  written  in
    21  the  territory  with  respect  to  which  it  is entitled to collect and
    22  receive the tax under article 91 of the insurance law. Such taxes  shall
    23  only  be used [for the care and relief of disabled or indigent volunteer
    24  and exempt volunteer firefighters and their families] by the corporation
    25  in furtherance of its purposes as set forth in  section  three  of  this
    26  act.
    27    §  2.  This  act shall take effect immediately; provided however, that
    28  the amendments to section 7 of chapter 425 of the laws of 2012  made  by
    29  section one of this act shall apply to taxes due on premiums received on
    30  and after January 1, 2023.
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