S T A T E O F N E W Y O R K
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9546
I N S E N A T E
May 16, 2024
___________
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 260 of the laws of 1954 relating to the Volun-
teer and Exempt Firemen's Benevolent Association of Mount Kisco,
Westchester County, New York, Inc., in relation to the purposes and
duties of such corporation 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 8 of chapter 260 of the laws of 1954
relating to incorporating the Volunteer and Exempt Firemen's Benevolent
Association of Mount Kisco, New York, are amended to read as follows:
Section 1. Incorporation; membership. A membership corporation by the
name of "Volunteer and Exempt [Firemen's] FIREFIGHTER'S Benevolent Asso-
ciation of Mount Kisco, Westchester County, New York, Inc.," is hereby
created. It shall be composed of such persons eligible for membership
therein as hereinafter provided as shall (a) notify the secretary of the
Mount Kisco fire department in writing 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
signify their intention of becoming members at such meeting, or (c)
shall notify the secretary of the corporation hereby created in writing
within sixty days after his election of their desire to become members
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
Mount Kisco fire department, and who have heretofore acquired or shall
hereafter acquire the status of exempt volunteer [firemen] FIREFIGHTER
as defined in section two hundred of the general municipal law or any
other applicable law by virtue of having rendered service in the Mount
Kisco fire department, and all persons who are NOW OR HEREAFTER SHALL BE
active volunteer members of the Mount Kisco fire department shall be
eligible for membership in the corporation created by this act, except
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15594-01-4
S. 9546 2
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 any person in such corporation shall
terminate upon the withdrawal of such person as an active volunteer
member of the Mount Kisco fire department prior to the actual perform-
ance by such person of five years service as an active volunteer member
of the Mount Kisco fire department.
§ 3. Purposes AND DUTY OF THE ASSOCIATION. The purposes of the corpo-
ration created by this act shall be [the]: (A) TO PROVIDE relief, aid
and assistance [of] TO THE VOLUNTEER the members of such corporation who
are disabled or indigent, OR INJURED IN THE PERFORMANCE OF SUCH MEMBER'S
DUTIES, and [their] SUCH MEMBERS' families[, the maintenance of]; (B) TO
PROMOTE AND SAFEGUARD THE WELFARE OF THE VOLUNTEER MEMBERS OF SUCH
CORPORATION, AND SUCH MEMBERS' FAMILIES; (C) TO PROVIDE FOR THE HEALTH
AND SAFETY OF THE VOLUNTEER MEMBERS OF THE CORPORATION; (D) TO MAINTAIN
A suitable headquarters for [and the promotion of fraternal intercourse
among] the members of such corporation[,]; (E) TO ENHANCE THE MORALE OF
THE VOLUNTEER MEMBERS OF SUCH CORPORATION BY PROVIDING SOCIAL AND RECRE-
ATIONAL ACTIVITIES FOR THE VOLUNTEER MEMBERS OF SUCH CORPORATION; and
(F) the promotion of the volunteer fire service within the territory
protected by such Mount Kisco fire department[, Mount Kisco, Westchester
county, New York. However, unless the written approval of the state
board of social welfare, shall have first been obtained, this corpo-
ration shall not establish and maintain any home or institution which,
if separately incorporated, would require the approval of such board].
§ 8. Precept for payment of foreign fire insurance premium taxes. Such
corporation shall collect and there shall be paid to it all tax 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 Mount Kisco fire department of the
village of Mount Kisco, Westchester county, New York, and within any
duly organized territory in which the Mount Kisco fire department 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 the same powers as provided by law for the treasurer of a fire
department with respect to such collection and receipt. 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 insur-
ance 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 insur-
ance law. Such taxes shall only be used [for the care and relief of
disabled or indigent volunteer and exempt 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 8 of chapter 260 of the laws of 1954 relating
to incorporating the Volunteer and Exempt Firemen's Benevolent Associ-
ation of Mount Kisco, Westchester County, New York, Inc., made by
section one of this act shall apply to taxes due on premiums received on
and after January 1, 2025.
