Assembly Bill A11181

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11181
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend chapter 459 of the laws of 1962 incorporating  the  West
   Babylon  Volunteer Firemen's Benevolent Association, and providing for
   its powers and duties, in  relation  to  the  use  of  certain  moneys
   received  by  such benevolent association and modernization of certain
   language

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections 1, 2, 6 and 7 of chapter 459 of the laws of 1962
 incorporating the West Babylon Volunteer  Firemen's  Benevolent  Associ-
 ation,  and providing for its powers and duties, section 6 as amended by
 chapter 203 of the laws of 1964, are amended to read as follows:
   Section 1. Incorporation; membership. A membership corporation by  the
 name  of  "West  Babylon  Volunteer [Firemen's] FIREFIGHTER'S Benevolent
 Association" 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 West Babylon volunteer  fire  department  in
 writing prior to the organization meeting of such corporation hereinaft-
 er  provided  for of their desire to become members, or (b) shall attend
 such meeting or an adjournment thereof, and also such persons so  eligi-
 ble as may become members of such corporation pursuant to its by-laws.
   §  2.  Persons eligible to membership. All persons who are now, or who
 have been, or who hereafter shall be active  volunteer  members  of  the
 West  Babylon  volunteer  fire department, or of any fire corporation in
 the West Babylon fire district, and  who  have  heretofore  acquired  or
 shall  hereafter  acquire the status of exempt volunteer [fireman] FIRE-
 FIGHTERS as defined in section two hundred of the general municipal  law
 or any other applicable law by virture of having rendered service in the
 West  Babylon  volunteer  fire  department,  or  of any fire corporation
 created by this act, except that any [fireman] FIREFIGHTER who has  been
 removed  for  cause,  expelled  or  dropped  from the rolls, of any fire
 company or department, and who has not been  reinstated  therein,  shall
 not  be  eligible  for membership in such corporation. The membership of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15710-01-6
 A. 11181                            2
 
 any person in such corporation shall terminate upon  the  withdrawal  of
 such  person as an active volunteer member of the West Babylon volunteer
 fire department.  Whenever a member who is not an exempt [fireman] FIRE-
 FIGHTER  as  defined by section two hundred of the general municipal law
 shall move from such fire district or from territory provided with  fire
 protection  as  aforesaid  or if the territory in which a member resides
 shall no longer be provided with  such  fire  protections,  [his]  THEIR
 membership in such corporation shall cease.
   §  6.  Control  and  disposal  of  funds and property. The control and
 disposal of the funds, property and estate of the said association,  the
 exercise  of  its  powers, and the management and control of its affairs
 shall be vested in and exercised by a  board  of  trustees  which  shall
 consist  of  [eight]  NINE members of such corporation; viz.: the presi-
 dent, the vice-president, the secretary, the treasurer and  [four]  FIVE
 other  members  having  the title of trustee. Such officers and trustees
 shall be elected at the annual meeting of such corporation in the manner
 prescribed by its by-laws.
   § 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 within the territory protected by the  West  Babylon  volunteer
 fire  department,  located  in  the town of Babylon, Suffolk county, New
 York, or within any duly organized territory in which the West Babylon's
 volunteer fire  department  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, relation to treasur-
 ers 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 PURPOSE 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 459 of the laws of 1962 made by
 section one of this act shall apply to taxes due and  premiums  received
 on and after January 1, 2027.