Relates to the purposes of the volunteer and exempt firefighters' benevolent association of Thornwood, New York, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2684
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend chapter 123 of the laws of 1945 incorporating the volun-
   teer and exempt firemen's benevolent  association  of  Thornwood,  New
   York,  in  relation  to the purposes of the volunteer and exempt fire-
   fighters' benevolent association of Thornwood, New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1 of chapter 123 of the laws of 1945 incorporating
 the volunteer and exempt firemen's benevolent association of  Thornwood,
 New York is amended to read as follows:
   Section  1.  A corporation by the name of "Volunteer and Exempt [Fire-
 men's] FIREFIGHTERS' Benevolent Association of Thornwood, New  York"  is
 hereby  created.  It  shall  be  composed  of such active members of the
 Thornwood fire department and such exempt volunteer [firemen] FIREFIGHT-
 ERS, as defined in section [two hundred] 200 of  the  general  municipal
 law OR ANY OTHER APPLICABLE LAW, who have acquired such status by virtue
 of  having rendered service in any company in the Thornwood fire depart-
 ment[,] as shall:
   (a) notify the secretary of their company, in writing,  prior  to  the
 organization meeting of the corporation created by this act, which meet-
 ing is hereinafter provided for, of their desire to become members, or
   (b) attend such organization meeting or an adjournment thereof, or
   (c) notify the secretary of such corporation, in writing, within sixty
 days  after [his] SUCH FIREFIGHTER'S election, of their desire to become
 members thereof, and also such other of the active  volunteer  [firemen]
 FIREFIGHTERS  aforesaid,  or  of  those  who may hereafter become active
 members of the aforesaid Thornwood fire department, or who may hereafter
 become exempt volunteer [firemen] FIREFIGHTERS, as  defined  in  section
 [two  hundred]  200 of the general municipal law OR ANY OTHER APPLICABLE
 LAW, by virtue of having rendered service in any company of said depart-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01839-01-5
 A. 2684                             2
 
 ment, as  may  become  members  of  such  corporation  pursuant  to  the
 provisions  of  its  by-laws. Any active member of any of said companies
 who shall cease to be a  member  thereof  without  having  acquired  the
 status  of an exempt volunteer [fireman] FIREFIGHTER shall automatically
 be dropped from membership in such corporation.  The  purposes  of  such
 corporation  shall  be [the]: TO PROVIDE relief, aid and assistance [of]
 TO the members [thereof and their families,] OF SUCH CORPORATION who are
 disabled or indigent[, and the promotion of] OR INJURED IN THE  PERFORM-
 ANCE  OF  THEIR DUTIES, AND THEIR FAMILIES; TO PROMOTE AND SAFEGUARD the
 welfare of the volunteer [fire service in  the  territory  protected  by
 such  department]  MEMBERS  OF  THE  CORPORATION, AND THEIR FAMILIES; TO
 MAINTAIN A SUITABLE HEADQUARTERS 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 FOR THE SOCIAL AND  RECREATIONAL  WELLBEING  OF
 THE  VOLUNTEER  MEMBERS  OF  THE  CORPORATION,  AND THE PROMOTION OF THE
 VOLUNTEER FIRE SERVICE WITHIN THE TERRITORY PROTECTED BY  THE  THORNWOOD
 FIRE DEPARTMENT.
   Such  corporation  shall  have  all  the powers of a membership corpo-
 ration, and the provisions of law relating  to  membership  corporations
 shall  apply  to  such  corporation, except where they conflict with the
 provisions of this act.
   The presidents, or other presiding officers, of the companies of  said
 department  shall  call  a  meeting  for the organization of such corpo-
 ration, to be held not later  than  sixty  days  after  this  act  takes
 effect,  notice  of  which shall be given by posting a notice thereof in
 five conspicuous places within the territory protected by such companies
 and also by publication thereof in one or more newspapers having general
 circulation in such territory, such posting and publishing to take place
 at least ten days prior to the date of such meeting. At such meeting, or
 an adjournment thereof, the members of such  corporation  present  shall
 adopt  by-laws  and elect officers to serve until the first annual meet-
 ing, which shall be held on a date to be fixed by the by-laws.
   Any member failing to comply with the by-laws,  rules  or  regulations
 duly  adopted  by such corporation shall be subject to expulsion in such
 manner as may be provided for in such by-laws. Any member who ceases  to
 be  such,  voluntarily  or  otherwise, shall forfeit all interest in the
 property of such corporation.
   § 2. Section 3 of chapter 123 of the laws of  1945  incorporating  the
 volunteer  and exempt firemen's benevolent association of Thornwood, New
 York is amended to read as follows:
   § 3. Such corporation shall collect and there shall be paid to it  all
 tax  which  is imposed by section [five hundred fifty-three] 9104 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 immediately protected by the  aforesaid  department
 and  companies thereof, and within any duly organized territory in which
 any or all of such companies is or may hereafter be obligated to  render
 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]
 9105  of the insurance law based upon the business written in the terri-
 tory with respect to which it is entitled to collect and receive the tax
 under section [five hundred fifty-three] 9104 of the insurance law. Such
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 taxes shall only be used [for the care and relief of disabled  or  indi-
 gent volunteer and exempt firemen and their families] BY THE CORPORATION
 IN FURTHERANCE OF ITS PURPOSES SET FORTH IN SECTION ONE OF THIS ACT.
   §  3.  This  act shall take effect immediately; provided however, that
 section two of this act shall apply to taxes due on premiums received on
 and after January 1, 2026.