Bill Text: NY A10005 | 2023-2024 | General Assembly | Introduced

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Bill Title: Renames the "West Islip Exempt Firemen's Benevolent Association" to the "West Islip Exempt Firefighter's Benevolent Association"; changes such association's purpose.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-06 - reported referred to rules [A10005 Detail]

Download: New_York-2023-A10005-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10005

                   IN ASSEMBLY

                                       May 1, 2024
                                       ___________

        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Local Governments

        AN ACT to amend chapter 187 of the laws of 1960 incorporating  the  West
          Islip  Exempt  Firemen's  Benevolent  Association,  in relation to its
          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, 2, 3 and 7 of chapter 187 of the laws of 1960
     2  incorporating the West Islip Exempt  Firemen's  Benevolent  Association,
     3  are amended to read as follows:
     4    Section  1.  Incorporation;  membership. A [membership] not-for-profit
     5  corporation by the name of "West Islip Exempt [Firemen's]  Firefighter's
     6  Benevolent  Association" is hereby created. It shall be composed of such
     7  persons eligible to membership therein as hereinafter provided as  shall
     8  (a)  notify  the  secretary of the West Islip fire department in writing
     9  prior to  the  organization  meeting  of  such  corporation  hereinafter
    10  provided  for  their  desire to become members, or (b) shall attend such
    11  meeting or an adjournment thereof, and also such persons so eligible  as
    12  may become members of such corporation pursuant to its by-laws.
    13    §  2. Persons eligible to membership. All persons who are now, or have
    14  been, or who hereafter shall be volunteer members of the West Islip fire
    15  district fire department, or  of  any  fire  corporation  in  such  fire
    16  district, and all persons resident in such fire district or in territory
    17  provided  with  fire  protection by contract with such fire district who
    18  are exempt volunteer [firemen] firefighters as defined by  section  [two
    19  hundred]  200 of the general municipal law, shall be eligible to member-
    20  ship in the corporation hereby created; provided that any person who has
    21  been expelled or removed for cause from membership in any  fire  company
    22  or  department  shall not be eligible to membership in such corporation.
    23  Whenever a member who is not an exempt [fireman] firefighter as  defined
    24  by  section  [two hundred] 200 of the general municipal law shall remove
    25  from such fire district or from territory provided with fire  protection
    26  as  aforesaid  or  if  the  territory in which a member resides shall no

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15320-01-4
        A. 10005                            2

     1  longer be provided  with  such  fire  protection,  [his]  such  person's
     2  membership in such corporation shall cease.
     3    §  3. Purposes. The purposes of such corporation shall be [the mainte-
     4  nance of suitable headquarters  for,  and  the  promotion  of  fraternal
     5  intercourse  among  the members of such corporation, the relief, aid and
     6  assistance of such members and their families who are disabled or  indi-
     7  gent,  and  the  promotion  of the welfare of the volunteer fire service
     8  within the West Islip fire district and  territory  provided  with  fire
     9  protection by contract with such fire district]:  to provide relief, aid
    10  and  assistance  to  the  volunteer  members of such corporation who are
    11  disabled, indigent or injured in the performance of  their  duties,  and
    12  their  families;  to  promote and safeguard the welfare of the volunteer
    13  members of such corporation, and their families; to maintain a  suitable
    14  headquarters  for  the  members  of such corporation; to provide for the
    15  health and safety of the volunteer members of such corporation;  and  to
    16  enhance  the  morale  of  the  volunteer  members of such corporation by
    17  providing social and recreational activities for the  volunteer  members
    18  of  such  corporation,  and  the promotion of the volunteer fire service
    19  within the territory protected by the  West  Islip  fire  district  fire
    20  department.
    21    § 7. Precept for payment of foreign fire insurance premium taxes. Such
    22  corporation  shall  collect  and  there  shall  be  paid to it all taxes
    23  imposed by section [five hundred fifty-three] 9104 of the insurance law,
    24  for fire department use and benefit, upon premiums for insurance against
    25  loss or damage by fire covering property situated within  the  territory
    26  protected  by  the  West  Islip  fire department, located in the town of
    27  Islip, Suffolk county, New York, or within any duly organized  territory
    28  in which the West Islip fire department is or may be obligated to render
    29  fire  protection.  The  officer  of  said  corporation designated by its
    30  by-laws to collect and receive the aforesaid  tax  shall  have  all  the
    31  powers and be subject to all the provisions of the insurance law, relat-
    32  ing  to  treasurers  of fire departments. Such corporation shall also be
    33  entitled to receive a share of the tax imposed by section [five  hundred
    34  fifty-four]  9105  of the insurance law, based upon the business written
    35  in the territory with respect to which it is  entitled  to  collect  and
    36  receive  the  tax  under  section [five hundred fifty-three] 9104 of the
    37  insurance law. Such taxes shall only be used [for the care and relief of
    38  disabled or indigent volunteer and exempt volunteer  firemen  and  their
    39  families] by the corporation in furtherance of its purposes as set forth
    40  in section three of this act.
    41    §  2.  This act shall take effect immediately; provided, however, that
    42  the amendments to section 7 of chapter 187 of the laws of 1960  made  by
    43  section one of this act shall apply to taxes due on premiums received on
    44  and after January 1, 2025.