Bill Text: NY A08842 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the name and purpose of the Volunteer and Exempt Firemen's Benevolent Association of Valhalla, New York; provides that any firefighter who has been removed for cause, expelled or dropped from the rolls of such fire department and who has not been reinstated, shall not be eligible in such corporation; relates to the use of foreign fire insurance premium taxes by such association.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-20 - reported referred to rules [A08842 Detail]

Download: New_York-2023-A08842-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8842--A

                   IN ASSEMBLY

                                    January 18, 2024
                                       ___________

        Introduced  by M. of A. SHIMSKY -- 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 624 of the laws of 1940 incorporating the volun-
          teer  and  exempt  firemen's  benevolent  association of Valhalla, New
          York, and providing for its powers and duties, in relation to the name
          and purpose of such association 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. Subdivisions 1, 2 and 3 of section 1 of chapter 624 of  the
     2  laws of 1940 incorporating the volunteer and exempt firemen's benevolent
     3  association  of  Valhalla,  New  York,  and providing for its powers and
     4  duties, are amended to read as follows:
     5    1. A membership corporation by  the  name  of  "Volunteer  and  Exempt
     6  [Firemen's] Firefighters' Benevolent Association of Valhalla, New York,"
     7  is hereby created.
     8    2.  All  persons  who now are, or have been, or who hereafter shall be
     9  active volunteer members of the Valhalla fire  department  or  any  fire
    10  engine,  hook and ladder, patrol, emergency rescue squad or hose company
    11  in the Valhalla fire district or any fire district outside  but  contig-
    12  uous  to  such  fire  district  which  contracts  with the Valhalla fire
    13  department for fire protection pursuant to the town law, and all persons
    14  in any such fire district who [are entitled to the general exemptions of
    15  firemen therein as provided in section  two  hundred-a  of  the  general
    16  municipal  law and two hundred nine of the village law, and acts amenda-
    17  tory thereof or supplemental thereto, or of any other  applicable  law,]
    18  have heretofore acquired or shall hereafter acquire the status of exempt
    19  volunteer  firefighters as defined in section two hundred of the general
    20  municipal law or any other applicable law by virtue of  having  rendered
    21  service  in  the  Valhalla fire district shall be eligible to membership
    22  [therein.] in the corporation created by this act; except that any fire-
    23  fighter who has been removed for cause, expelled  or  dropped  from  the
    24  rolls  of  the Valhalla Fire Department, and who has not been reinstated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13791-06-4
        A. 8842--A                          2

     1  therein, shall not be eligible for membership in such  corporation.  The
     2  membership  of  any  person in such corporation shall terminate upon the
     3  withdrawal of such person as an active volunteer member of the  Valhalla
     4  Fire  Department  prior to the actual performance by such person of five
     5  years' service as an  active  volunteer  member  of  the  Valhalla  Fire
     6  Department.  Paid firefighters, if any, in the Valhalla Fire Department,
     7  shall not be eligible for membership in the corporation.
     8    3. Nothing contained herein or in the village law or  any  other  such
     9  applicable law shall preclude a person from membership in such Volunteer
    10  and Exempt [Firemen's] Firefighters' Benevolent Association of Valhalla,
    11  New  York,  who  resides in a fire district outside of but contiguous to
    12  the  Valhalla  fire  district,  when  the  fire  commissioners  of  such
    13  districts  have  contracted  with the board of fire commissioners of the
    14  Valhalla fire district for fire protection under  and  pursuant  to  the
    15  provisions of law in such case made and provided.
    16    § 2. Sections 2 and 8 of chapter 624 of the laws of 1940 incorporating
    17  the  volunteer  and exempt firemen's benevolent association of Valhalla,
    18  New York, and providing for its powers and duties, are amended  to  read
    19  as follows:
    20    §  2.  Purposes and duty of the association. The purposes and duty [of
    21  the association is to provide relief to indigent  and  disabled  firemen
    22  and  their families] of the corporation created by this act shall be: to
    23  provide relief, aid and assistance to  the  volunteer  members  of  such
    24  corporation  who  are indigent or disabled or injured in the performance
    25  of their duties, and  their  families;  to  promote  and  safeguard  the
    26  welfare  of  the  volunteer members of such corporation, and their fami-
    27  lies; to maintain a suitable headquarters for the members of such corpo-
    28  ration; to provide for the health and safety of the volunteer members of
    29  such corporation; and to enhance the morale of the volunteer members  of
    30  such  corporation by providing for the social and recreational wellbeing
    31  of the volunteer members of the corporation, and the  promotion  of  the
    32  volunteer  fire  service  within the territory protected by the Valhalla
    33  fire department.
    34    § 8. Precept for payment of foreign fire insurance [companies] premium
    35  taxes.  Such corporation shall collect and there shall be paid to it all
    36  tax imposed by section [one hundred thirty-three] 9104 of the  insurance
    37  law  upon  premiums  on policies of insurance covering property situated
    38  within the Valhalla Fire District of the Town of Mount  Pleasant,  West-
    39  chester  county,  New  York,  or  within any duly organized territory in
    40  which the fire department of said district is obligated to  render  fire
    41  protection,  except that said corporation shall remit such percentage of
    42  all taxes so collected or paid to it, to the treasurer of the [firemen's
    43  association] Firefighters' Association of the [state] State of New York,
    44  as may be required by the insurance law. The officer of said corporation
    45  designated by its by-laws to collect and receive the aforesaid tax shall
    46  have all the powers and be subject to all the provisions of section [one
    47  hundred thirty-three] 9104 of the insurance law, relating to  treasurers
    48  of  fire departments. Such corporation shall also be entitled to receive
    49  a share of the tax imposed by section [one-hundred forty-nine-a] 9105 of
    50  the insurance law, based upon the business written in the territory with
    51  respect to which it is entitled to collect and  receive  the  tax  under
    52  section  [one  hundred  thirty-three]  9104  of  the insurance law. Such
    53  corporation shall also be entitled to  receive  and  collect  all  taxes
    54  heretofore  due and owing and unpaid at the time of the creation of this
    55  corporation. Such taxes shall be used only [for the care and  relief  of
    56  disabled or indigent volunteer and exempt firemen and their families] by
        A. 8842--A                          3

     1  the  corporation  in furtherance of its purposes as set forth in section
     2  two of this act.
     3    §  3.  This  act shall take effect immediately; provided however, that
     4  the amendments to section 8 of chapter 624 of the laws of 1940  made  by
     5  section two of this act shall apply to taxes due on premiums received on
     6  and after January 1, 2025.