Provides for the control and disposal of funds and property and the management of the Hampton Bays Volunteer Exempt Firefighter's Benevolent Association; increases the number of members of its board of trustees from five to eight; relates to the collection of taxes imposed by section 9104 of the insurance law for fire department use and benefit; makes technical corrections.
STATE OF NEW YORK
________________________________________________________________________
6593
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. SCHIAVONI -- read once and referred to the
Committee on Local Governments
AN ACT to amend chapter 264 of the laws of 1961 relating to the incorpo-
ration of the Hampton Bays Volunteer Exempt Firemen's Benevolent Asso-
ciation and providing for its powers and duties, in relation to the
management of certain affairs of such association
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 264 of the laws of 1961 relating to
2 the incorporation of the Hampton Bays Volunteer Exempt Firemen's Benevo-
3 lent Association and providing for its powers and duties, is amended to
4 read as follows:
5 Section 1. Incorporation; membership. A membership corporation by the
6 name of "Hampton Bays Volunteer Exempt [Firemen's] Firefighter's Benevo-
7 lent Association" is hereby created. It shall be composed of such
8 persons eligible to membership therein as hereinafter provided as shall
9 (a) notify the secretary of the Hampton Bays volunteer fire department
10 in writing prior to the organization meeting of such corporation herein-
11 after provided for their desire to become members, or (b) shall attend
12 such meeting or an adjournment thereof, and also such persons so eligi-
13 ble as may become members of such corporation pursuant to its by-laws.
14 § 2. Section 2 of chapter 264 of the laws of 1961 relating to the
15 incorporation of the Hampton Bays Volunteer Exempt Firemen's Benevolent
16 Association and providing for its powers and duties, is amended to read
17 as follows:
18 § 2. Persons eligible to membership. All persons who are now or have
19 been, or who hereafter shall be volunteer members of the Hampton Bays
20 fire district fire department, or of any fire corporation in such fire
21 district, and all persons resident in such fire district or in territory
22 provided with fire protection by contract with such fire district who
23 are exempt volunteer [firemen] firefighters as defined by section two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09884-03-5
A. 6593 2
1 hundred of the general municipal law shall be eligible to membership in
2 the corporation hereby created; provided that any person who has been
3 expelled or removed for cause from membership in any fire company or
4 department shall not be eligible to membership in such corporation.
5 Whenever a member who is not an exempt [fireman] firefighter as defined
6 by section two hundred of the general municipal law shall move from such
7 fire district or from territory in which such fire protection is
8 provided as aforesaid or if the territory in which a member resides
9 shall no longer be provided with such fire protection, [his] their
10 membership in such corporation shall cease.
11 § 3. Section 6 of chapter 264 of the laws of 1961 relating to the
12 incorporation of the Hampton Bays Volunteer Exempt Firemen's Benevolent
13 Association and providing for its powers and duties, is amended to read
14 as follows:
15 § 6. Control and disposal of funds and property. The control and
16 disposal of the funds, property and estate of the [said association]
17 corporation, the exercise of its powers, and the management and control
18 of its affairs shall be vested in and exercised by a board of trustees
19 which shall consist of [five] eight members of such corporation, viz:
20 the president, the vice president, the secretary, the financial secre-
21 tary, the treasurer and [one] three other [member] members having the
22 title of trustee. Such officers and trustees shall be elected at the
23 annual meeting of such corporation in the manner prescribed by its
24 by-laws.
25 § 4. Section 7 of chapter 264 of the laws of 1961 relating to the
26 incorporation of the Hampton Bays Volunteer Exempt Firemen's Benevolent
27 Association and providing for its powers and duties, is amended to read
28 as follows:
29 § 7. Precept for the payment of foreign fire insurance premium taxes.
30 Such corporation shall collect and there shall be paid to it all taxes
31 imposed by section [five hundred fifty-three] nine thousand one hundred
32 four of the insurance law, for fire department use and benefit, upon
33 premiums for insurance against loss or damage by fire covering property
34 situated within the territory protected by the Hampton Bays volunteer
35 fire department, located in the town of [Southhampton] Southampton,
36 Suffolk county, New York, or within any duly organized territory in
37 which the Hampton Bays volunteer fire department is or may be obligated
38 to render fire protection. The officer of said corporation designated by
39 its by-laws to collect and receive the aforesaid tax shall have all the
40 powers and be subject to all the provisions of the insurance law, relat-
41 ing to treasurers of fire departments. Such corporation shall also be
42 entitled to receive a share of the tax imposed by section [five hundred
43 fifty-four] nine thousand one hundred five of the insurance law, based
44 upon the business written in the territory with respect to which it is
45 entitled to collect and receive the tax under section [five hundred
46 fifty-three] nine thousand one hundred four of the insurance law. Such
47 taxes shall only be used [for the care and relief of disabled or indi-
48 gent volunteer and exempt volunteer firemen and their families] by the
49 corporation in furtherance of its purposes as set forth in section three
50 of this act.
51 § 5. This act shall take effect immediately; provided, however, that
52 the amendments to section 7 of chapter 264 of the laws of 1961 relating
53 to the incorporation of the Hampton Bays Volunteer Exempt Firemen's
54 Benevolent Association, made by section four of this act shall apply to
55 taxes due on premiums received on and after January 1, 2026.
