Bill Text: NY A09494 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the purpose and membership of the Valley Stream Volunteer and Exempt Fireman's Benevolent Association and the use of foreign fire insurance premium taxes by such Association.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-06-30 - signed chap.265 [A09494 Detail]

Download: New_York-2021-A09494-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9494

                   IN ASSEMBLY

                                      March 7, 2022
                                       ___________

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

        AN ACT to amend the Nassau county civil divisions act,  in  relation  to
          the  purpose  and membership of the Valley Stream Volunteer and Exempt
          Fireman's Benevolent Association and the use of foreign fire insurance
          premium taxes by such Association

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

     1    Section  1.  Sections  609.0, 609.1, 609.2, 609.5 and 609.6 of chapter
     2  273 of the laws of 1939 constituting the Nassau county  civil  divisions
     3  act,  as added by chapter 73 of the laws of 1940, are amended to read as
     4  follows:
     5    § 609.0 Incorporation; membership. a. The  membership  corporation  by
     6  the  name  of "Valley Stream Volunteer and Exempt [Fireman's] Firefight-
     7  er's Benevolent Association" is hereby continued.
     8    b. It shall be composed of such persons as are now members,  and  also
     9  such  persons eligible to become members of such corporation pursuant to
    10  its by-laws.
    11    § 609.1 Persons eligible to membership. All persons who  are  now,  or
    12  have  been,  or  who  hereafter shall be volunteer members of the Valley
    13  Stream fire department, or of any fire engine, hook and ladder,  patrol,
    14  emergency  rescue squad or hose company in the village of Valley Stream,
    15  and all persons residing in the area afforded fire  protection  by  such
    16  fire  department, who are entitled to the general exemption of volunteer
    17  [firemen] firefighters as provided in the  general  municipal  law,  the
    18  village law or any other applicable law, shall be eligible to membership
    19  therein.  Any  [fireman]  firefighter, however, who has been removed for
    20  cause, expelled or dropped from the rolls of any fire company or depart-
    21  ment shall not be eligible to membership in such corporation.
    22    § 609.2 Purposes. The purposes of such corporation shall be the  main-
    23  tenance  of  a  suitable headquarters for and the promotion of fraternal
    24  intercourse among the members of such corporation, and the  relief,  aid
    25  and  assistance  of  such members and their families who are disabled or
    26  indigent, and the promotion of the welfare of the volunteer fire service

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14776-01-2

        A. 9494                             2

     1  within the Valley Stream fire department and the territory provided with
     2  fire protection by contract with such village fire department.
     3    §  609.5  Control  and disposal of funds and property. The control and
     4  disposal of the funds, property and  estate  of  such  association,  the
     5  exercise  of  its  powers, and the management and control of its affairs
     6  shall be vested in and exercised by a  board  of  trustees  which  shall
     7  consist  of  [twelve]  sixteen  members of such corporation, to wit: the
     8  president, the vice-president, the financial  secretary,  the  recording
     9  secretary,  the  treasurer  and  [seven] eleven other members having the
    10  title of trustee.  The sixteen members of the board shall  be  represen-
    11  tative of the seven fire companies, two from each company, and two board
    12  members  from  the  exempt members no longer active in the Valley Stream
    13  Fire Department, Inc. Such officers and trustees shall be elected at the
    14  annual meeting of such corporation in a manner described by its by-laws.
    15    § 609.6 Precept for payment of foreign fire insurance  premium  taxes.
    16  a.  Such corporation shall collect and there shall be paid to it all tax
    17  imposed by section [five hundred  and  fifty-three]  nine  thousand  one
    18  hundred  four of the insurance law, for fire department use and benefit,
    19  upon premiums on policies of insurance against loss or  damage  by  fire
    20  covering  property  situated  within the village of Valley Stream in the
    21  town of Hempstead, or within any duly organized territory in  which  the
    22  Valley   Stream   fire  department  may  be  obligated  to  render  fire
    23  protection.
    24    b. The officer of  such  corporation  designated  by  its  by-laws  to
    25  collect  and  receive the aforesaid tax shall receive the same powers as
    26  provided by law for the treasurer of a fire department with  respect  to
    27  such collection and receipt.
    28    c.  Such  corporation shall also be entitled to receive a share of the
    29  tax imposed by section [five hundred and fifty-four] nine  thousand  one
    30  hundred  five  of  the insurance law, based upon the business written in
    31  the territory with respect to  which  it  is  entitled  to  collect  and
    32  receive  the tax under section [five hundred and fifty-three] nine thou-
    33  sand one hundred four of the insurance law.
    34    d. Such taxes shall be used only [for the care and relief of  disabled
    35  or  indigent  volunteer  and  exempt  firemen and their families] by the
    36  corporation in furtherance of its purposes as set forth in section 609.2
    37  of this act.
    38    § 2. This act shall take effect immediately.
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