Amends the purposes and duties of the Volunteer and Exempt Firemen's Benevolent Association of Millwood, New York; makes certain technical corrections.
STATE OF NEW YORK
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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.
