Bill Text: NY S06493 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to the name and powers of the Oriskany Volunteer Exempt Firemen's Association of Oriskany, county of Oneida; changes the name to the Oriskany Volunteer Exempt Firefighters' Benevolent Association of Oriskany, county of Oneida and makes conforming changes; expands the powers of such association.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-09-15 - SIGNED CHAP.450 [S06493 Detail]

Download: New_York-2023-S06493-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6493--C
            Cal. No. 1297

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 24, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, amended on second report, ordered to a third reading,  and  to
          be  reprinted  as  amended,  retaining its place in the order of third
          reading -- reported favorably from said committee  to  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading -- again amended and ordered  reprinted,  retaining  its
          place in the order of third reading

        AN  ACT to amend chapter 639 of the laws of 1970 incorporating the Oris-
          kany Volunteer Exempt Firemen's Association  of  Oriskany,  county  of
          Oneida,  and  providing  for its powers and duties, in relation to the
          name and purposes of such association

          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 639 of the laws of 1970
     2  incorporating the Oriskany Volunteer  Exempt  Firemen's  Association  of
     3  Oriskany,  county  of Oneida, and providing for its powers and duties is
     4  amended to read as follows:
     5    Section 1.  Incorporation; membership. A membership corporation by the
     6  name of "Oriskany Volunteer Exempt [Firemen's] Firefighters'  Benevolent
     7  Association  of Oriskany, county of Oneida" is hereby created.  It shall
     8  be composed of such persons eligible to membership therein as hereinaft-
     9  er provided as shall: (a) notify the secretary of the Oriskany Independ-
    10  ent Fire and Hose Company, also known as Oriskany Volunteer Fire Depart-
    11  ment, in writing prior to the organization meeting of  such  corporation
    12  hereinafter  provided  of  their  desire to become members, or (b) shall
    13  attend such meeting or an adjournment thereof, and also such persons  so
    14  eligible  as  may  become  members  of  such corporation pursuant to its
    15  by-laws.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10811-10-3

        S. 6493--C                          2

     1    § 2.  Persons eligible to membership.  All persons who are now or have
     2  been, or who hereafter shall be active volunteer members of the Oriskany
     3  Independent Fire and Hose   Company, also known  as  Oriskany  Volunteer
     4  Fire  Department,  and  who  have heretofore acquired or shall hereafter
     5  acquire the status of exempt volunteer [firemen] firefighters as defined
     6  in  section two hundred of the general municipal law or any other appli-
     7  cable law by virtue of having rendered service in said fire  department,
     8  and  all  persons  who  are  now  or hereafter shall be active volunteer
     9  members of said fire department shall be eligible for membership in  the
    10  corporation  hereby  created;  provided  that  any  person  who has been
    11  expelled or removed for cause from membership in any fire department  or
    12  company  shall  not  be eligible to membership in such corporation.  The
    13  membership of any person in such corporation shall terminate when  [his]
    14  their membership as an active volunteer member of the Oriskany Independ-
    15  ent Fire and Hose Company, also known as Oriskany Volunteer Fire Depart-
    16  ment  shall terminate before such persons shall have acquired the status
    17  of exempt volunteer [firemen] firefighters as  defined  in  section  two
    18  hundred  of  the  general  municipal  law  by  virtue of having rendered
    19  services to such fire department.
    20    § 3.  Purposes.  The purposes of such corporation shall be the mainte-
    21  nance of suitable headquarters  for,  and  the  promotion  of  fraternal
    22  intercourse  among  the members of such corporation, the relief, aid and
    23  assistance of such members and their families who are injured,  disabled
    24  or  indigent  and  to promote and safeguard the welfare of the volunteer
    25  members of the corporation and their families, to provide for the health
    26  and safety of the volunteer members of the corporation, and  to  enhance
    27  the  morale  of  the  volunteer  members of the corporation by providing
    28  social and recreational activities for  the  volunteer  members  of  the
    29  corporation  and  the  promotion  of  the  welfare of the volunteer fire
    30  service within the village of Oriskany and  also  within  the  territory
    31  provided  with fire protection by the Oriskany Independent Fire and Hose
    32  Company, also known as Oriskany Volunteer Fire Department.
    33    § 7.  Precept for payment of foreign  fire  insurance  premium  taxes.
    34  Notwithstanding any contrary provisions of any general, special or local
    35  law,  or  of  any  city  charter  or  ordinance, heretofore or hereafter
    36  enacted, such corporation shall collect and there shall be  paid  to  it
    37  all  taxes  imposed  by section [five hundred fifty-three] nine thousand
    38  one hundred four of the insurance law for fire department use and  bene-
    39  fit, upon premises for insurance against loss or damage by fire covering
    40  property  situated  within the village of Oriskany, New York, located in
    41  the town of Whitestown, county of Oneida and state of New  York,  and/or
    42  within  any  duly  organized territory in which the Oriskany Independent
    43  Fire and Hose Company, also known as Oriskany Volunteer Fire Department,
    44  is or may be obligated to render fire protection.  The officer  of  said
    45  corporation  designated by its by-laws to collect and receive the afore-
    46  said tax shall have all the powers and be subject to all the  provisions
    47  of  the  insurance  law,  relating to the treasurer of fire departments.
    48  Such corporation shall also be entitled to receive a share  of  the  tax
    49  imposed  by  section [five hundred fifty-four] nine thousand one hundred
    50  five of the insurance law, based upon the business written in the terri-
    51  tory with respect to which it is entitled to collect and receive the tax
    52  under section [five hundred fifty-three] nine thousand one hundred  four
    53  of  the  insurance  law. [Such taxes shall only be used for the care and
    54  relief of disabled or indigent volunteer and  exempt  volunteer  firemen
    55  and their families.] Such taxes shall only be used by the corporation in
    56  furtherance of its purposes as set forth in section three of this act.

        S. 6493--C                          3

     1    §  2.  This act shall take effect immediately; provided, however, that
     2  the amendments to section 7 of chapter 639 of the laws of 1970  made  by
     3  section one of this act shall apply to taxes due on premiums received on
     4  and after January 1, 2024.
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