Bill Text: NY S09546 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the purposes and duties of the Mount Kisco firefighter's benevolent association and the use of foreign fire insurance premium taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-27 - SIGNED CHAP.411 [S09546 Detail]

Download: New_York-2023-S09546-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9546

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend chapter 260 of the laws of 1954 relating to  the  Volun-
          teer  and  Exempt  Firemen's    Benevolent Association of Mount Kisco,
          Westchester County, New York, Inc., in relation to  the  purposes  and
          duties  of  such  corporation  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 8 of chapter 260 of the laws of 1954
     2  relating to incorporating the Volunteer and Exempt Firemen's  Benevolent
     3  Association of Mount Kisco, New York, are amended to read as follows:
     4    Section  1. Incorporation; membership. A membership corporation by the
     5  name of "Volunteer and Exempt [Firemen's] Firefighter's Benevolent Asso-
     6  ciation of Mount Kisco, Westchester County, New York, Inc.,"  is  hereby
     7  created.  It  shall  be composed of such persons eligible for membership
     8  therein as hereinafter provided as shall (a) notify the secretary of the
     9  Mount Kisco fire department in writing prior to the organization meeting
    10  of such corporation hereinafter provided for of their desire  to  become
    11  members,  or (b) shall attend such meeting or an adjournment thereof and
    12  signify their intention of becoming members  at  such  meeting,  or  (c)
    13  shall  notify the secretary of the corporation hereby created in writing
    14  within sixty days after his election of their desire to  become  members
    15  thereof, and also such persons so eligible as may become members of such
    16  corporation pursuant to its by-laws.
    17    §  2.  Persons eligible to membership. All persons who are now, or who
    18  have been, or who hereafter shall be active  volunteer  members  of  the
    19  Mount  Kisco  fire department, and who have heretofore acquired or shall
    20  hereafter acquire the status of exempt volunteer  [firemen]  firefighter
    21  as  defined  in  section two hundred of the general municipal law or any
    22  other applicable law by virtue of having rendered service in  the  Mount
    23  Kisco fire department, and all persons who are now or hereafter shall be
    24  active  volunteer  members  of  the Mount Kisco fire department shall be
    25  eligible for membership in the corporation created by this  act,  except

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15594-01-4
        S. 9546                             2

     1  that  any [fireman] firefighter who has been removed for cause, expelled
     2  or dropped from the rolls of any fire company or department, and who has
     3  not been reinstated therein, shall not be  eligible  for  membership  in
     4  such corporation. The membership of any person in such corporation shall
     5  terminate  upon  the  withdrawal  of  such person as an active volunteer
     6  member of the Mount Kisco fire department prior to the  actual  perform-
     7  ance  by such person of five years service as an active volunteer member
     8  of the Mount Kisco fire department.
     9    § 3. Purposes and duty of the association. The purposes of the  corpo-
    10  ration  created  by this act shall be [the]:  (a) to provide relief, aid
    11  and assistance [of] to the volunteer the members of such corporation who
    12  are disabled or indigent, or injured in the performance of such member's
    13  duties, and [their] such members' families[, the maintenance of]; (b) to
    14  promote and safeguard the welfare  of  the  volunteer  members  of  such
    15  corporation,  and  such members' families; (c) to provide for the health
    16  and safety of the volunteer members of the corporation; (d) to  maintain
    17  a  suitable headquarters for [and the promotion of fraternal intercourse
    18  among] the members of such corporation[,]; (e) to enhance the morale  of
    19  the volunteer members of such corporation by providing social and recre-
    20  ational  activities  for  the volunteer members of such corporation; and
    21  (f) the promotion of the volunteer fire  service  within  the  territory
    22  protected by such Mount Kisco fire department[, Mount Kisco, Westchester
    23  county,  New  York.  However,  unless  the written approval of the state
    24  board of social welfare, shall have first  been  obtained,  this  corpo-
    25  ration  shall  not establish and maintain any home or institution which,
    26  if separately incorporated, would require the approval of such board].
    27    § 8. Precept for payment of foreign fire insurance premium taxes. Such
    28  corporation shall collect and there shall be paid to it all tax  imposed
    29  by  section [five hundred fifty-three] nine thousand one hundred four of
    30  the insurance law, for fire department use and benefit upon premiums for
    31  insurance against loss or damage  by  fire  covering  property  situated
    32  within the territory protected by the Mount Kisco fire department of the
    33  village  of  Mount  Kisco,  Westchester county, New York, and within any
    34  duly organized territory in which the Mount Kisco fire department may be
    35  obligated to render fire protection. The  officer  of  said  corporation
    36  designated by its by-laws to collect and receive the aforesaid tax shall
    37  have  the  same  powers  as  provided by law for the treasurer of a fire
    38  department with respect to such collection and receipt. Such corporation
    39  shall also be entitled to receive a share of the tax imposed by  section
    40  [five  hundred  fifty-four] nine thousand one hundred five of the insur-
    41  ance law, based upon the business written in the territory with  respect
    42  to  which  it  is  entitled to collect and receive the tax under section
    43  [five hundred fifty-three] nine thousand one hundred four of the  insur-
    44  ance  law.    Such  taxes shall only be used [for the care and relief of
    45  disabled or indigent volunteer and exempt firemen and their families] by
    46  the corporation in furtherance of its purposes as set forth  in  section
    47  three of this act.
    48    §  2.  This  act shall take effect immediately; provided however, that
    49  the amendments to section 8 of chapter 260 of the laws of 1954  relating
    50  to  incorporating  the Volunteer and Exempt Firemen's Benevolent Associ-
    51  ation of Mount Kisco,  Westchester  County,  New  York,  Inc.,  made  by
    52  section one of this act shall apply to taxes due on premiums received on
    53  and after January 1, 2025.