BILL NUMBER: S8022A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the Nassau County Civil Divisions Act, in relation to
the Volunteer and Exempt Firemen's Benevolent Association of Westbury

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will amend chapter 64 of the laws of 1940, by amending
sections 625.1, 625.4, and 625.5, relating to incorporating the Volun-
teer and Exempt Firemen's Benevolent Association of Westbury in relation
to its management and control as well as the purposes and duties of the
association and the usage of moneys received from foreign fire insurance
companies by the association.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends sections 625.1, 625.4, and 625.5 of the Nassau County
Civil Divisions Act, as added by chapter 64 of the laws of 1940, is
amended to read as follows:
              

625.1 Purposes. The purposes of such corporation shall be the relief,
aid and assistance of the members of such corporation and their immedi-
ate families, who are injured, disabled or indigent; to maintain suit-
able head- quarters for the members of such corporation; to provide for
the health and safety of the volunteer member of the corporation; to
enhance the morale of the volunteer members of the corporation by
providing social and recreational activities for the volunteer members
of the corporation; and the promotion of the welfare of the volunteer
fire service in the territory protected by the Westbury fire department.

625.4 Control and disposal of funds and property. The control and
disposal of the funds, property and estate of the corporation, the exer-
cise of its powers, and the management of its affairs shall be vested in
a board of trustees which shall consist of 11 members of such corpo-
ration, to wit: the president, the 1st vice president, the 2nd vice
president, the secretary, the financial secretary, the treasurer and
five other members having the title of trustee. The trustees and offi-
cers shall be elected at the annual meeting of such corporation in the
manner prescribed by its by-laws. The funds of such corporation, by
unanimous vote of the board of trustees, by the corporation in further-
ance of its purposes as set forth in Section 625.1 of this act.

625.5 Precept for the payment of foreign fire insurance premium taxes.

a. Such corporation shall collect and there shall be paid to it all
taxes imposed by section 9104 of the insurance law, for fire department
use and benefit, upon premiums for insurance against loss or damage by
fire covering property situated within the area protected by the West-
bury fire department and within any duly organized territory in which
the Westbury fire department is, or may hereinafter be, obligated to
render fire protection.

b. The officer of said corporation designated by its by-laws to collect
and receive aforesaid tax shall have the same powers as provided by law
for the treasurer of a fire department with respect to such collection
and receipt.
c. Such corporation shall also be entitled to receive a share of the tax
imposed by section 9105 of the insurance law, based upon premiums writ-
ten in the territory with respect to which it is entitled to collect and
receive the tax under section 9104 of the insurance law.

d. Such taxes shall only be used by the corporation in furtherance of
its purposes as set forth in Section 625.1 of this act.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

The Volunteer & Exempt Firemen's Benevolent Association of Westbury is
hereby seeking to amend its purposes to include the ability of the
corporation to maintain suitable headquarters for the members of such
corporation; to provide for the health and safety of the volunteer
member of the corporation; to enhance the morale of the volunteer
members of the corporation by providing social and recreational activ-
ities for the volunteer members of the corporation in order to bring its
purposes in line with more than 80% of the benevolent associations with-
in Nassau and Suffolk County.

The board of trustees of this corporation currently consists of six (6)
officers and five (5) additional trustees. This amendment updates the
law to reflect the current board and give control of the corporation to
its full board.

The Volunteer and Exempt Firemen's Benevolent Association of Westbury
receives Foreign Fire Insurance Premium Tax money. Currently, they are
authorized to use such funds for the care and relief of disabled or
indigent volunteers and exempt firefighters and their families.  This
legislation would authorize the Association to use the funds in the
furtherance of all their statutory purposes.

This act would amend the chapter of law governing the operation of the
Volunteer and Exempt Firemen's Benevolent Association of Westbury, in a
manner similar to that which has been done for other volunteer fire-
fighters' benevolent associations, so that it may more effectively
attend to the well-being of the association, its members and their fami-
lies.

This bill also updates the provisions for the distribution of foreign
fire insurance funds to make its use consistent with Sections 9104 and
9105 of the New York State Insurance Law.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.