Bill Text: NY A10070 | 2023-2024 | General Assembly | Introduced

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Bill Title: Amends the purposes and duties of the Volunteer and Exempt Firemen's Benevolent Association of Millwood, New York; makes certain technical corrections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-20 - REFERRED TO LOCAL GOVERNMENT [A10070 Detail]

Download: New_York-2023-A10070-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10070

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend chapter 620 of the laws of 1938 incorporating the Volun-
          teer and Exempt Firemen's  Benevolent  Association  of  Millwood,  New
          York,  and  providing for its powers and duties, and providing for the
          payment to such corporation of a share of the foreign  fire  insurance
          premium  taxes, in relation to the purposes and duties of such associ-
          ation and making certain technical amendments thereto

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

     1    Section 1. Chapter 620 of the laws of 1938 incorporating the Volunteer
     2  and  Exempt  Firemen's Benevolent Association of Millwood, New York, and
     3  providing for its powers and duties, and providing for  the  payment  to
     4  such corporation of a share of the foreign fire insurance premium taxes,
     5  is amended to read as follows:
     6    Section  1.  Volunteer [and Exempt Firemen's] Firefighters' Benevolent
     7  Association of Millwood, New York. 1. A membership  corporation  by  the
     8  name of "Volunteer [and Exempt Firemen's] Firefighters' Benevolent Asso-
     9  ciation of Millwood, New York," is hereby created.
    10    2.  All  persons  who now are, or have been, or who hereafter shall be
    11  active volunteer members of the Millwood fire department or of any  fire
    12  engine, hook and ladder, patrol, emergency rescue squad, or hose company
    13  in  the  Millwood  fire  district or in any fire district outside of but
    14  contiguous to such fire district which contracts with the Millwood  fire
    15  district  for  fire protection pursuant to the town law, and all persons
    16  in any such fire district [or in such village who are  entitled  to  the
    17  general  exemptions  of  firemen  therein  as  provided  in  section two
    18  hundred-a of the general municipal law  and  two  hundred  nine  of  the
    19  village  law,  respectively, and acts amendatory thereof or supplemental
    20  thereto, or of any other applicable law,] who have  heretofore  acquired
    21  or  shall  hereafter acquire the status of exempt volunteer firefighters
    22  as defined in section two hundred of the general municipal  law  or  any
    23  other  applicable  law by virtue of having rendered service in the Mill-
    24  wood fire district, and all persons who are now or  hereafter  shall  be
    25  active  volunteer  members  of said fire department shall be eligible to
    26  membership [therein] in the corporation created by this act; except that
    27  any firefighter who has been removed for cause, expelled or dropped from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14095-02-4
        A. 10070                            2

     1  the rolls of the Millwood fire department, and who has  not  been  rein-
     2  stated  therein,  shall  not  be  eligible for membership in such corpo-
     3  ration. The membership of any person in such corporation shall terminate
     4  upon  the withdrawal of such person as an active volunteer member of the
     5  Millwood fire department prior to the actual performance by such  person
     6  of  five  years'  service  as an active volunteer member of the Millwood
     7  fire department. Paid firefighters, if any, in the Millwood fire depart-
     8  ment, shall not be eligible for membership in the corporation.
     9    3. Nothing contained herein or in the village law or  any  other  such
    10  applicable law shall preclude a person from membership in such Volunteer
    11  [and Exempt Firemen's] Firefighters' Benevolent Association of Millwood,
    12  New  York,  who resides in a fire district outside of, but contiguous to
    13  the  Millwood  fire  district,  when  the  fire  commissioners  of  such
    14  districts  have  contracted  with the board of fire commissioners of the
    15  Millwood fire district for fire protection under  and  pursuant  to  the
    16  provisions  of subdivision twenty-two of section one hundred seventy-six
    17  of the town law and acts amendatory thereof and supplemental thereto.
    18    § 2. Purposes and duty of the association. The purposes  and  duty  of
    19  the  [association is to provide relief to indigent and disabled firemen]
    20  corporation created by this act are  (i)  to  provide  relief,  aid  and
    21  assistance to the volunteer members of such corporation who are indigent
    22  or  disabled  or  injured  in the performance of their duties, and their
    23  families; (ii) to promote and safeguard the  welfare  of  the  volunteer
    24  members  of the corporation and their families; (iii) to provide for the
    25  health and safety of the volunteer members of the corporation;  (iv)  to
    26  maintain a suitable headquarters for the members of the corporation; (v)
    27  to enhance the morale of the volunteer members of the corporation by the
    28  provision  of  social  and  recreational  activities  for  the volunteer
    29  members of the corporation; and (vi) the promotion of the volunteer fire
    30  service within the territory protected  by  the  Millwood  Fire  Company
    31  Number One, Inc.
    32    §  3. Powers and duties of the association. The said association shall
    33  have power to purchase, lease, take and hold, transfer and  convey,  and
    34  to acquire by gift, devise or bequest real and personal property for its
    35  corporate purposes. The association shall have power to sue and be sued;
    36  may  have  and  use  a  seal  and  alter  the same at pleasure; may make
    37  contracts, execute instruments and do any and all  things  necessary  to
    38  carry  out  its purposes or effectuate its powers; may adopt a constitu-
    39  tion and by-laws; may make rules and regulations for the  government  of
    40  said  association  and  the regulation and management of its affairs and
    41  for the voluntary withdrawal, censure, suspension and expulsion  of  its
    42  members,  for  the  establishment and collection of the fees and dues of
    43  its members, for the election of its officers and the safekeeping of its
    44  property and from time to time to alter, modify and change such  consti-
    45  tution, by-laws, rules and regulations. Said officers and trustees shall
    46  be  chosen after the first annual meeting by those members of said asso-
    47  ciation who are now or may be entitled, by the constitution, by-laws and
    48  rules and regulations of said association to vote.    The  officers  and
    49  trustees of such association shall hold their respective offices for one
    50  year and until their successors are chosen.
    51    §  4.  Control  and disposal of funds. The control and disposal of the
    52  funds, property and estate of the said association, the exercise of  its
    53  powers, and the management and control of its affairs shall be vested in
    54  and  exercised  by  a board of six trustees, composed of the officers of
    55  said corporation who shall be the  president,  the  vice-president,  the
        A. 10070                            3

     1  secretary-treasurer  and  three  trustees.  The members of such board of
     2  trustees shall be elected at the annual meeting of said association.
     3    §  5.  Meetings  of  the association. The first annual meeting of said
     4  association and each annual meeting  thereafter,  during  the  corporate
     5  existence  of  the  association, shall be held at a time and place to be
     6  designated in the constitution and by-laws of the association. It  shall
     7  be  the  duty of the secretary of the board of fire commissioners of the
     8  Millwood fire district to mail a notice of the first annual  meeting  to
     9  all  persons  entitled  to membership in the association whose names and
    10  addresses are known to such secretary. Such notice shall  be  mailed  at
    11  least  ten days prior to such meeting. All other and further meetings of
    12  the association shall be provided for in the by-laws.
    13    § 6. Termination of membership. The membership of any person  in  said
    14  association  shall be terminated by [his] the death of such person or by
    15  [his] such person's voluntary  withdrawal  therefrom,  or  by  expulsion
    16  therefrom,  and  the  manner  of such withdrawal or expulsion of members
    17  shall be determined and provided for by the by-laws of said association,
    18  and upon such death, withdrawal or expulsion, all and every right, title
    19  and interest of the person whose membership is so terminated, in  or  to
    20  or  by  reason of the said association, by reason of [his] such person's
    21  former membership therein, or in or to its property  or  effects,  shall
    22  except by the unanimous consent of the board of trustees of such associ-
    23  ation, cease and forever be at an end.
    24    §  7. Failure to elect officers and trustees. In case that it shall at
    25  any time happen that an election of trustees or officers of this associ-
    26  ation shall not be held on the day designated therein, said association,
    27  for that cause shall not be dissolved, but it shall and may be lawful on
    28  any other day to hold an election for  trustees  and  officers  in  such
    29  manner  and  at  such  time and place as may be directed by such associ-
    30  ation.
    31    § 8. Precept of payment of foreign fire insurance [companies]  premium
    32  taxes.  Such corporation shall collect and there shall be paid to it all
    33  tax  imposed by section [one hundred thirty-three] 9104 of the insurance
    34  law upon premiums on policies of insurance  covering  property  situated
    35  within the Millwood fire district of the town of New Castle, Westchester
    36  county,  New  York,  or within any duly organized territory in which the
    37  fire department of said district is obligated to render fire protection,
    38  except that said corporation shall remit such percentage of all taxes so
    39  collected or paid to it, to the treasurer of the [firemen's]  firefight-
    40  er's  association  of  the  state of New York, as may be required by the
    41  insurance law. The officer of said corporation designated by its by-laws
    42  to collect and receive the aforesaid tax shall have all the  powers  and
    43  be  subject  to all the provisions of section [one hundred thirty-three]
    44  9104 of the insurance law, relating to treasurers of  fire  departments.
    45  Such  corporation  shall  also be entitled to receive a share of the tax
    46  imposed by section [one hundred forty-nine-a] 9105 of the insurance law,
    47  based upon the business written in the territory with respect  to  which
    48  it is entitled to collect and receive the tax under section [one hundred
    49  thirty-three]  9104  of the insurance law. Such taxes shall only be used
    50  by the corporation in furtherance  of  its  purposes  as  set  forth  in
    51  section two of this act.
    52    § 9. This act shall take effect immediately.
    53    §  2.  This  act shall take effect immediately; provided however, that
    54  the amendments to section 8 of chapter 620 of the laws of 1938  made  by
    55  section one of this act shall apply to taxes due on premiums received on
    56  and after January 1, 2025.