S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4006
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend chapter 45 of the laws of 1963 relating to incorporating
   the  Bohemia 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 45 of the laws of 1963
 relating to incorporating the  Bohemia  Volunteer  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 "Bohemia Volunteer [Firemen's] FIREFIGHTER'S Benevolent Associ-
 ation" 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 Bohemia volunteer 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 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
 Bohemia  volunteer  fire  department,  or of any fire corporation in the
 Bohemia fire district, and who have heretofore acquired or  shall  here-
 after  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  Bohemia
 volunteer  fire  department,  or  of any fire corporation in the Bohemia
 fire district, and all persons who are active volunteer members  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06854-01-5
              

 A. 4006                             2
 
 Bohemia  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 person in such corporation shall  terminate  upon  the
 withdrawal  of  such person as an active volunteer member of the Bohemia
 volunteer fire department prior to the actual performance by such person
 of five years service as an  active  volunteer  member  of  the  Bohemia
 volunteer fire department. Whenever a member who is not an exempt [fire-
 man] FIREFIGHTER as defined by section two hundred of the general munic-
 ipal  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 protection, [his]
 SUCH MEMBER'S 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 [five] EIGHT members of such corporation;  viz.:  the  presi-
 dent,  the  vice-president,  the secretary, the treasurer and [one] FOUR
 other [member] 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  Bohemia  volunteer  fire
 department,  located  in the town of Islip, Suffolk county, New York, or
 within any duly organized territory in which the Bohemia 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, relating to treasurers of fire  depart-
 ments. 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] IN FURTHERANCE OF ITS PURPOSES SET
 FORTH IN SECTION THREE OF THIS ACT.
   § 2. This act shall take effect immediately.