Relates to the use of moneys received from foreign fire insurance companies by the Bohemia Volunteer Firefighter's Benevolent Association, and to modernization of certain language by making such language gender neutral.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4006A
SPONSOR: Gandolfo TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the use of certain moneys received by the Bohemia volunteer
firefighter's association, and modernization of certain language
SUMMARY OF PROVISIONS:
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
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 on ly 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. Effective Date.
JUSTIFICATION:
This act would amend the chapter of law governing the operation of the
Bohemia Volunteer Firemen's Benevolent Association in a manner similar
to that which has been done for other volunteer firefighters' benevolent
associations so that it may more effectively attend to the well-being of
the association, its members and their families.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that the
amendments to section 7 of chapter 45 of the laws of 1963 made by
section one of this act shall apply to taxes due on premiums received on
and after January 1, 2026.
STATE OF NEW YORK
________________________________________________________________________
4006--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
1 Section 1. Sections 1, 2, 6 and 7 of chapter 45 of the laws of 1963
2 relating to incorporating the Bohemia Volunteer Firemen's Benevolent
3 Association, and providing for its powers and duties, are amended to
4 read as follows:
5 Section 1. Incorporation; membership. A membership corporation by the
6 name of "Bohemia Volunteer [Firemen's] Firefighter's Benevolent Associ-
7 ation" is hereby created. It shall be composed of such persons eligible
8 to membership therein as hereinafter provided as shall (a) notify the
9 secretary of the Bohemia volunteer fire department in writing prior to
10 the organization meeting of such corporation hereinafter provided for of
11 their desire to become members, or (b) shall attend such meeting or an
12 adjournment thereof, and also such persons so eligible as may become
13 members of such corporation pursuant to its by-laws.
14 § 2. Persons eligible to membership. All persons who are now, or who
15 have been, or who hereafter shall be active volunteer members of the
16 Bohemia volunteer fire department, or of any fire corporation in the
17 Bohemia fire district, and who have heretofore acquired or shall here-
18 after acquire the status of exempt volunteer [firemen] firefighter as
19 defined in section two hundred of the general municipal law or any other
20 applicable law by virtue of having rendered service in the Bohemia
21 volunteer fire department, or of any fire corporation in the Bohemia
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06854-02-5
A. 4006--A 2
1 fire district, and all persons who are active volunteer members of the
2 Bohemia volunteer fire department shall be eligible for membership in
3 the corporation created by this act, except that any [fireman] fire-
4 fighter who has been removed for cause, expelled or dropped from the
5 rolls of any fire company or department, and who has not been reinstated
6 therein, shall not be eligible for membership in such corporation. The
7 membership of any person in such corporation shall terminate upon the
8 withdrawal of such person as an active volunteer member of the Bohemia
9 volunteer fire department prior to the actual performance by such person
10 of five years service as an active volunteer member of the Bohemia
11 volunteer fire department. Whenever a member who is not an exempt [fire-
12 man] firefighter as defined by section two hundred of the general munic-
13 ipal law shall move from such fire district or from territory provided
14 with fire protection as aforesaid or if the territory in which a member
15 resides shall no longer be provided with such fire protection, [his]
16 such member's membership in such corporation shall cease.
17 § 6. Control and disposal of funds and property. The control and
18 disposal of the funds, property and estate of the said association, the
19 exercise of its powers, and the management and control of its affairs
20 shall be vested in and exercised by a board of trustees which shall
21 consist of [five] eight members of such corporation; viz.: the presi-
22 dent, the vice-president, the secretary, the treasurer and [one] four
23 other [member] members having the title of trustee. Such officers and
24 trustees shall be elected at the annual meeting of such corporation in
25 the manner prescribed by its by-laws.
26 § 7. Precept for payment of foreign fire insurance premium taxes. Such
27 corporation shall collect and there shall be paid to it all taxes
28 imposed by section [five hundred fifty-three] nine thousand one hundred
29 four of the insurance law, for fire department use and benefit, upon
30 premiums for insurance against loss or damage by fire covering property
31 situated within the territory protected by the Bohemia volunteer fire
32 department, located in the town of Islip, Suffolk county, New York, or
33 within any duly organized territory in which the Bohemia volunteer fire
34 department is or may be obligated to render fire protection. The officer
35 of said corporation designated by its by-laws to collect and receive the
36 aforesaid tax shall have all the powers and be subject to all the
37 provisions of the insurance law, relating to treasurers of fire depart-
38 ments. Such corporation shall also be entitled to receive a share of the
39 tax imposed by section [five hundred fifty-four] nine thousand one
40 hundred five of the insurance law, based upon the business written in
41 the territory with respect to which it is entitled to collect and
42 receive the tax under section [five hundred fifty-three] nine thousand
43 one hundred four of the insurance law. Such taxes shall only be used
44 [for the care and relief of disabled or indigent volunteer and exempt
45 volunteer firemen and their families] in furtherance of its purposes set
46 forth in section three of this act.
47 § 2. This act shall take effect immediately; provided however, that
48 the amendments to section 7 of chapter 45 of the laws of 1963 made by
49 section one of this act shall apply to taxes due on premiums received on
50 and after January 1, 2026.
