Assembly Bill A10998

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10998
 
                           I N  A S S E M B L Y
 
                              April 15, 2026
                                ___________
 
 Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend chapter 492 of the laws of 1981, relating to incorporat-
   ing the Sag Harbor Volunteer Exempt Firemen's Benevolent  Association,
   Inc.,  and  providing for its powers and duties, in relation to making
   technical corrections therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections  1,  2, 3, 5 and 7 of chapter 492 of the laws of
 1981 relating to incorporating the Sag Harbor Volunteer Exempt Firemen's
 Benevolent Association, Inc., and providing for its powers  and  duties,
 are amended to read as follows:
   Section  1. Incorporation; membership. A not-for-profit corporation by
 the name of  "Sag  Harbor  Volunteer  Exempt  [Firemen's]  FIREFIGHTER'S
 Benevolent Association, Inc." is hereby created. It shall be composed of
 such  persons  eligible to membership therein as hereinafter provided as
 shall:
   (a) notify the secretary of the Sag Harbor Fire Department,  a  volun-
 teer fire department, in writing prior to the organization meeting here-
 inafter  provided  for  of  the corporation created by this act of their
 desire to become members, or
   (b) shall attend such meeting or an adjournment thereof, and also such
 persons so eligible as may thereafter become members of such corporation
 pursuant to its by-laws.
   § 2. Persons eligible to membership. All persons who are now, or  have
 been, or hereafter shall be active volunteer members of the fire depart-
 ment  of  the  village  of  Sag Harbor, in the towns of Southampton/East
 Hampton, or of any fire company in such village and who have acquired or
 shall hereafter acquire the status of exempt volunteer  [firemen]  FIRE-
 FIGHTER  as  defined in section two hundred of the general municipal law
 by virtue of having rendered service in such  fire  department  or  fire
 company, and all persons who are now or hereafter shall be active volun-
 teer  members  of such fire department, shall be eligible for membership
 in the corporation created by this act, except that any [fireman]  FIRE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15515-02-6
 A. 10998                            2
 
 FIGHTER  who  has  been  removed for cause, expelled or dropped from the
 rolls of any fire company or fire department, and who has not been rein-
 stated therein, shall not be eligible  for  membership  in  such  corpo-
 ration. The membership of any person in such corporation shall terminate
 when [his] SUCH PERSON'S membership as an active volunteer member of the
 fire department of the village of Sag Harbor shall terminate before such
 person shall have acquired the status of exempt [fireman] FIREFIGHTER as
 defined in section two hundred of the general municipal law by virtue of
 having rendered service in such fire department.
   §  3.  Purposes. The purposes of such corporation shall be the mainte-
 nance of suitable headquarters  for,  and  the  promotion  of  fraternal
 intercourse  among  the members of such corporation, the relief, aid and
 [assitance] ASSISTANCE of volunteer  [firemen]  FIREFIGHTERS  and  their
 families  who are disabled or indigent, and the promotion of the welfare
 of the volunteer fire service.
   § 5. Organization meeting; by-laws. The secretary of  the  Sag  Harbor
 Fire Department shall call a meeting for the organization of such corpo-
 ration  to  be  held  not  later  than three months after this act takes
 effect, notice of which shall be given [by him] by posting or causing to
 be posted a notice thereof in five conspicuous places within the  terri-
 tory protected by the Sag Harbor Fire Department and also by publication
 of notice thereof in one or more newspapers having a general circulation
 within  such  territory,  and  such  posting  and  publication  shall be
 effected at least ten days prior to the date of such  meeting.  At  such
 meeting or any adjournment thereof the members of such corporation pres-
 ent  shall  adopt by-laws and elect officers and trustees to serve until
 the first annual meeting which shall be held on a date to  be  fixed  by
 the  by-laws.    Any member failing to comply with the by-laws, rules or
 regulations duly adopted by such corporation shall be subject to suspen-
 sion and expulsion in such  manner  as  may  be  provided  for  in  such
 by-laws.  Any  member  who  ceases to be such, voluntarily or otherwise,
 shall forfeit all interest in the property of such corporation.
   § 7. Precept for payment of  foreign  fire  insurance  premium  taxes.
 Such  corporation  shall collect and there shall be paid to it all taxes
 imposed by section [five hundred fifty-three] NINE THOUSAND ONE  HUNDRED
 FOUR  of  the  insurance  law  for fire department use and benefit, upon
 premiums for insurance against loss or damage by fire covering  property
 situated  in the village of Sag Harbor, in the towns of Southampton/East
 Hampton, county of Suffolk or within any  duly  organized  territory  in
 which  the village is or may be obligated to render fire protection. The
 officer of said corporation designated by its  by-laws  to  collect  and
 receive  the  aforesaid  tax shall have all the powers and be subject to
 all the provisions of the insurance law, relating to treasurers of  fire
 departments.  Such corporation shall also be entitled to receive a share
 of the tax imposed by section [five hundred  fifty-four]  NINE  THOUSAND
 ONE  HUNDRED  FIVE of the insurance law, based upon the business written
 in the territory with respect to which it is  entitled  to  collect  and
 receive  the  tax under section [five hundred fifty-three] NINE THOUSAND
 ONE HUNDRED FOUR of the insurance law. Such taxes  shall  only  be  used
 [for  the  care  and relief of disabled or indigent volunteer and exempt
 volunteer firemen and their families] BY THE CORPORATION IN  FURTHERANCE
 OF ITS PURPOSES AS SET FORTH IN SECTION THREE OF THIS ACT.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of chapter 492 of the laws of 1981  made  by
 section one of this act shall apply to taxes due on premiums received on
 or after January 1, 2027.