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Bill

S 9197

Provides for the incorporation of the New Hartford Volunteer Exempt Firefighters' Benevolent Association

2025 Regular Session Introduced by Joe Griffo

Creates a nonprofit to support active volunteer firefighters and families, funded by a share of local fire insurance premium taxes, with governance and eligibility rules.

ADVANCED TO THIRD READING
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Bill Summary · S 9197

Purpose and intent

  • Establishes a new not-for-profit corporation named the New Hartford Volunteer Exempt Firefighters’ Benevolent Association.
  • Aims to provide relief and support to active volunteer firefighters in New Hartford (Oneida County) and their families, support welfare, health and safety, and promote morale and social/recreational activities, including promoting the volunteer fire service in the territory served by the New Hartford Fire Department.

Key provisions and changes

  • Section 1 – Incorporation and membership

    • Creates the not-for-profit corporation and outlines how individuals become members (attend organization meeting, express intent to join, or notify in writing within 60 days after election), subject to by-laws.
    • Requires notification to the secretary of the New Hartford Fire Department prior to organization or participation in the meeting.

  • Section 2 – Eligibility for membership

    • Eligible: active volunteer members of the New Hartford Fire Department who have obtained or will obtain exempt volunteer firefighter status under general municipal law due to service with the department.
    • Ineligible: paid firefighters of the New Hartford Fire Department.
    • Membership ends if the individual withdraws as an active volunteer member before reaching five years of service with the department (as defined by the act).

  • Section 3 – Purposes

    • Provide relief, aid, and assistance to indigent, disabled, or injured volunteers and their families.
    • Maintain headquarters, promote welfare, health and safety, and enhance morale.
    • Provide social/recreational activities and promote volunteer fire service within the department’s territory.

  • Section 4 – Powers and duties

    • The corporation has all standard powers of a not-for-profit; state not-for-profit law applies except where in conflict with the act.
    • Cannot establish or maintain a home or institution requiring additional governmental approval without prior written approval.

  • Section 5 – Organization meeting and by-laws

    • Secretary of the New Hartford Fire Department must call the organization meeting within 60 days after enactment.
    • Notice must be posted publicly (five conspicuous places) and published in newspapers at least 10 days before the meeting.
    • At the meeting, by-laws are adopted and officers/directors elected to serve until the first annual meeting.
    • Violations of by-laws may lead to suspension or expulsion; withdrawal results in forfeiture of interest in corporate property.

  • Section 6 – Control and disposal of funds and property

    • A board of trustees (no fewer than 7 members, including president, vice-president, secretary, treasurer, and three other trustees) will manage funds and affairs.
    • Trustees elected at the annual meeting per by-laws.

  • Section 7 – Tax precept for foreign fire insurance taxes

    • The corporation will collect and receive taxes imposed under Insurance Law section 9104 (fire department use and benefit taxes) on premiums for property within the New Hartford Fire Department’s service area.
    • The designated treasurer/collector has powers and duties consistent with fire department treasurers under Insurance Law.
    • The corporation is entitled to receive a share of the tax under Insurance Law section 9105, based on business written in its territory.
    • Tax proceeds must be used to further the purposes described in Section 3 (relief, welfare, health/safety, morale, social/recreational activities).

  • Section 8 – Effective date

    • Act takes effect immediately.
    • Provisions relating to taxes (Section 7) apply to premiums received on and after January 1, 2027.

Who/what is affected

  • Active volunteer firefighters of the New Hartford Fire Department who have or will obtain exempt volunteer firefighter status (excluding paid firefighters).
  • The New Hartford Fire Department and its secretary, which must facilitate the organization meeting and ongoing communication.
  • The New Hartford Volunteer Exempt Firefighters’ Benevolent Association, as a new entity inheriting funds and taxes from fire insurance premium taxes collected within its service territory.

Procedural and timeline notes

  • The act is proposed for the 2025-2026 session and referred to the Local Government Committee.
  • Organization meeting must be held within 60 days after the act’s enactment, with public notice requirements.
  • Tax provisions (Section 7) become applicable to premiums collected on or after January 1, 2027, even though the act takes effect immediately.

Summary assessment

  • The bill creates a formal benevolent association to support volunteer firefighters and their families, funded in part by a share of fire insurance premium taxes within the New Hartford service area.
  • It delineates membership eligibility, organizational structure, governance, and permissible uses of funds, with safeguards on participation and property.
  • It distinguishes between volunteer exempt members and paid firefighters, limiting eligibility to the former.
  • It includes administrative steps for organization and ongoing oversight by the fire department and a board of trustees.

Compiled from official sources — confirm details with the bill’s official record.

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