S T A T E O F N E W Y O R K
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9207
I N S E N A T E
May 6, 2024
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Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend chapter 620 of the laws of 1938 incorporating the Volun-
teer and Exempt Firemen's Benevolent Association of Millwood, New
York, and providing for its powers and duties, and providing for the
payment to such corporation of a share of the foreign fire insurance
premium taxes, in relation to the purposes and duties of such associ-
ation and making certain technical amendments thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 620 of the laws of 1938 incorporating the Volunteer
and Exempt Firemen's Benevolent Association of Millwood, New York, and
providing for its powers and duties, and providing for the payment to
such corporation of a share of the foreign fire insurance premium taxes,
is amended to read as follows:
Section 1. Volunteer [and Exempt Firemen's] FIREFIGHTERS' Benevolent
Association of Millwood, New York. 1. A membership corporation by the
name of "Volunteer [and Exempt Firemen's] FIREFIGHTERS' Benevolent Asso-
ciation of Millwood, New York," is hereby created.
2. All persons who now are, or have been, or who hereafter shall be
ACTIVE volunteer members of the Millwood fire department or of any fire
engine, hook and ladder, patrol, emergency rescue squad, or hose company
in the Millwood fire district or in any fire district outside of but
contiguous to such fire district which contracts with the Millwood fire
district for fire protection pursuant to the town law, and all persons
in any such fire district [or in such village who are entitled to the
general exemptions of firemen therein as provided in section two
hundred-a of the general municipal law and two hundred nine of the
village law, respectively, and acts amendatory thereof or supplemental
thereto, or of any other applicable law,] WHO HAVE HERETOFORE ACQUIRED
OR SHALL HEREAFTER ACQUIRE THE STATUS OF EXEMPT VOLUNTEER 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 MILL-
WOOD FIRE DISTRICT, AND ALL PERSONS WHO ARE NOW OR HEREAFTER SHALL BE
ACTIVE VOLUNTEER MEMBERS OF SAID FIRE DEPARTMENT shall be eligible to
membership [therein] IN THE CORPORATION CREATED BY THIS ACT; EXCEPT THAT
ANY FIREFIGHTER WHO HAS BEEN REMOVED FOR CAUSE, EXPELLED OR DROPPED FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14095-02-4
S. 9207 2
THE ROLLS OF THE MILLWOOD 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
UPON THE WITHDRAWAL OF SUCH PERSON AS AN ACTIVE VOLUNTEER MEMBER OF THE
MILLWOOD FIRE DEPARTMENT PRIOR TO THE ACTUAL PERFORMANCE BY SUCH PERSON
OF FIVE YEARS' SERVICE AS AN ACTIVE VOLUNTEER MEMBER OF THE MILLWOOD
FIRE DEPARTMENT. PAID FIREFIGHTERS, IF ANY, IN THE MILLWOOD FIRE DEPART-
MENT, SHALL NOT BE ELIGIBLE FOR MEMBERSHIP IN THE CORPORATION.
3. Nothing contained herein or in the village law or any other such
applicable law shall preclude a person from membership in such Volunteer
[and Exempt Firemen's] FIREFIGHTERS' Benevolent Association of Millwood,
New York, who resides in a fire district outside of, but contiguous to
the Millwood fire district, when the fire commissioners of such
districts have contracted with the board of fire commissioners of the
Millwood fire district for fire protection under and pursuant to the
provisions of subdivision twenty-two of section one hundred seventy-six
of the town law and acts amendatory thereof and supplemental thereto.
§ 2. Purposes and duty of the association. The purposes and duty of
the [association is to provide relief to indigent and disabled firemen]
CORPORATION CREATED BY THIS ACT ARE (I) TO PROVIDE RELIEF, AID AND
ASSISTANCE TO THE VOLUNTEER MEMBERS OF SUCH CORPORATION WHO ARE INDIGENT
OR DISABLED OR INJURED IN THE PERFORMANCE OF THEIR DUTIES, AND THEIR
FAMILIES; (II) TO PROMOTE AND SAFEGUARD THE WELFARE OF THE VOLUNTEER
MEMBERS OF THE CORPORATION and their families; (III) TO PROVIDE FOR THE
HEALTH AND SAFETY OF THE VOLUNTEER MEMBERS OF THE CORPORATION; (IV) TO
MAINTAIN A SUITABLE HEADQUARTERS FOR THE MEMBERS OF THE CORPORATION; (V)
TO ENHANCE THE MORALE OF THE VOLUNTEER MEMBERS OF THE CORPORATION BY THE
PROVISION OF SOCIAL AND RECREATIONAL ACTIVITIES FOR THE VOLUNTEER
MEMBERS OF THE CORPORATION; AND (VI) THE PROMOTION OF THE VOLUNTEER FIRE
SERVICE WITHIN THE TERRITORY PROTECTED BY THE MILLWOOD FIRE COMPANY
NUMBER ONE, INC.
§ 3. Powers and duties of the association. The said association shall
have power to purchase, lease, take and hold, transfer and convey, and
to acquire by gift, devise or bequest real and personal property for its
corporate purposes. The association shall have power to sue and be sued;
may have and use a seal and alter the same at pleasure; may make
contracts, execute instruments and do any and all things necessary to
carry out its purposes or effectuate its powers; may adopt a constitu-
tion and by-laws; may make rules and regulations for the government of
said association and the regulation and management of its affairs and
for the voluntary withdrawal, censure, suspension and expulsion of its
members, for the establishment and collection of the fees and dues of
its members, for the election of its officers and the safekeeping of its
property and from time to time to alter, modify and change such consti-
tution, by-laws, rules and regulations. Said officers and trustees shall
be chosen after the first annual meeting by those members of said asso-
ciation who are now or may be entitled, by the constitution, by-laws and
rules and regulations of said association to vote. The officers and
trustees of such association shall hold their respective offices for one
year and until their successors are chosen.
§ 4. Control and disposal of funds. 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 six trustees, composed of the officers of
said corporation who shall be the president, the vice-president, the
S. 9207 3
secretary-treasurer and three trustees. The members of such board of
trustees shall be elected at the annual meeting of said association.
§ 5. Meetings of the association. The first annual meeting of said
association and each annual meeting thereafter, during the corporate
existence of the association, shall be held at a time and place to be
designated in the constitution and by-laws of the association. It shall
be the duty of the secretary of the board of fire commissioners of the
Millwood fire district to mail a notice of the first annual meeting to
all persons entitled to membership in the association whose names and
addresses are known to such secretary. Such notice shall be mailed at
least ten days prior to such meeting. All other and further meetings of
the association shall be provided for in the by-laws.
§ 6. Termination of membership. The membership of any person in said
association shall be terminated by [his] THE death OF SUCH PERSON or by
[his] SUCH PERSON'S voluntary withdrawal therefrom, or by expulsion
therefrom, and the manner of such withdrawal or expulsion of members
shall be determined and provided for by the by-laws of said association,
and upon such death, withdrawal or expulsion, all and every right, title
and interest of the person whose membership is so terminated, in or to
or by reason of the said association, by reason of [his] SUCH PERSON'S
former membership therein, or in or to its property or effects, shall
except by the unanimous consent of the board of trustees of such associ-
ation, cease and forever be at an end.
§ 7. Failure to elect officers and trustees. In case that it shall at
any time happen that an election of trustees or officers of this associ-
ation shall not be held on the day designated therein, said association,
for that cause shall not be dissolved, but it shall and may be lawful on
any other day to hold an election for trustees and officers in such
manner and at such time and place as may be directed by such associ-
ation.
§ 8. Precept of payment of foreign fire insurance [companies] PREMIUM
TAXES. Such corporation shall collect and there shall be paid to it all
tax imposed by section [one hundred thirty-three] 9104 of the insurance
law upon premiums on policies of insurance covering property situated
within the Millwood fire district of the town of New Castle, Westchester
county, New York, or within any duly organized territory in which the
fire department of said district is obligated to render fire protection,
except that said corporation shall remit such percentage of all taxes so
collected or paid to it, to the treasurer of the [firemen's] FIREFIGHT-
ER'S association of the state of New York, as may be required by the
insurance law. 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 section [one hundred thirty-three]
9104 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 [one hundred forty-nine-a] 9105 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 [one hundred
thirty-three] 9104 of the insurance law. SUCH TAXES SHALL ONLY BE USED
BY THE CORPORATION IN FURTHERANCE OF ITS PURPOSES AS SET FORTH IN
SECTION TWO OF THIS ACT.
§ 9. This act shall take effect immediately.
§ 2. This act shall take effect immediately; provided however, that
the amendments to section 8 of chapter 620 of the laws of 1938 made by
section one of this act shall apply to taxes due on premiums received on
and after January 1, 2025.
