Assembly Bill A7839

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7839--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Local Governments  --  ordered  to  a  third  reading  --
   committed  to  the  Committee  on Local Governments in accordance with
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend chapter 19 of the laws of 1964, relating to incorporat-
   ing the Nesconset Volunteer Exempt Firemen's  Benevolent  Association,
   and providing for its powers and duties, in relation to the purpose of
   such association and the use of foreign fire insurance premium taxes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1, 2, 3 and 7 of chapter 19 of the laws  of  1964,
 relating  to  incorporating  the  Nesconset  Volunteer  Exempt Firemen's
 Benevolent Association, and providing for its  powers  and  duties,  are
 amended to read as follows:
   Section  1. Incorporation; membership. A membership corporation by the
 name of "Nesconset Volunteer Exempt [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 Nesconset volunteer fire department in writ-
 ing prior to the organization meeting of  such  corporation  hereinafter
 provided for of their desire to become members, or (b) shall attend such
 meeting  or an adjournment thereof, and also such persons so eligible 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
 Nesconset volunteer fire department, or of any fire corporation  in  the
 Nesconset fire district, and who have heretofore acquired or shall here-
 after  acquire  the status of exempt volunteer [firemen] FIREFIGHTERS as
 defined in section two hundred of the general municipal law or any other
 applicable law by virtue of having rendered  service  in  the  Nesconset
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09211-02-6
              

 A. 7839--A                          2
 
 volunteer  fire  department, or of any fire corporation in the Nesconset
 fire district, and all persons who are active volunteer members  of  the
 Nesconset  volunteer fire department shall be eligible for membership in
 the  corporation  created  by  this act, except that any [fireman] FIRE-
 FIGHTER 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 any such person in such corporation shall  terminate  upon
 the  withdrawal  of  such  person  as  an active volunteer member of the
 Nesconset volunteer fire department prior to the actual  performance  by
 such  person  of five years service as an active volunteer member of the
 Nesconset volunteer fire department. Whenever a member  who  is  not  an
 exempt  [fireman]  FIREFIGHTER  as defined by section two hundred of the
 general municipal law shall move from such fire district or from  terri-
 tory  provided  with fire protection as aforesaid or if the territory in
 which a member resides shall no longer be provided with fire protection,
 [his] SUCH MEMBER'S membership in such  corporation  shall  cease.  PAID
 FIREFIGHTERS, IF ANY, OF THE NESCONSET FIRE DISTRICT OR NESCONSET VOLUN-
 TEER FIRE DEPARTMENT, SHALL NOT BE ELIGIBLE FOR MEMBERSHIP IN THE CORPO-
 RATION.
   §  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
 assistance of such members and their families who are disabled or  indi-
 gent,  and  the  promotion  of the welfare if the volunteer fire service
 within the Nesconset fire district  and  territory  provided  with  fire
 protection  by  contract  with  such fire district.] THE PURPOSES OF THE
 CORPORATION CREATED BY THIS ACT SHALL BE: TO  PROVIDE  RELIEF,  AID  AND
 ASSISTANCE  TO  THE  VOLUNTEER MEMBERS OF SUCH CORPORATION WHO ARE DISA-
 BLED, INDIGENT OR INJURED IN THE PERFORMANCE OF THEIR DUTIES, AND  THEIR
 FAMILIES;  TO PROMOTE AND SAFEGUARD THE WELFARE OF THE VOLUNTEER MEMBERS
 OF SUCH CORPORATION, AND THEIR FAMILIES; TO MAINTAIN  A  SUITABLE  HEAD-
 QUARTERS  FOR THE MEMBERS OF SUCH CORPORATION; TO PROVIDE FOR THE HEALTH
 AND SAFETY OF THE VOLUNTEER MEMBERS OF SUCH CORPORATION; AND TO  ENHANCE
 THE  MORALE  OF  THE  VOLUNTEER MEMBERS OF SUCH CORPORATION BY PROVIDING
 SOCIAL AND RECREATIONAL ACTIVITIES FOR THE  VOLUNTEER  MEMBERS  OF  SUCH
 CORPORATION,  AND THE PROMOTION OF THE VOLUNTEER FIRE SERVICE WITHIN THE
 TERRITORY PROTECTED BY THE NESCONSET VOLUNTEER FIRE DEPARTMENT.
   § 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 Nesconset volunteer  fire
 department,  located in the town of Smithtown, Suffolk county, New York,
 or within any duly organized territory in which the Nesconset  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 to 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  FIVE  of the insurance law.  Such taxes shall only be used
 A. 7839--A                          3
 
 [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 UNDER SECTION THREE OF THIS ACT.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of chapter 19 of the laws of  1964  relating
 to  incorporating  the  Nesconset  Volunteer Exempt Firemen's Benevolent
 Association, and providing for its powers and duties,  made  by  section
 one  of  this  act shall apply to taxes due and premiums received on and
 after January 1, 2027.