STATE OF NEW YORK ________________________________________________________________________ 9307--A IN SENATE May 10, 2024 ___________ Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 624 of the laws of 1940 incorporating the volun- teer and exempt firemen's benevolent association of Valhalla, New York, and providing for its powers and duties, in relation to the name and purpose of such association 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: 1 Section 1. Subdivisions 1, 2 and 3 of section 1 of chapter 624 of the 2 laws of 1940 incorporating the volunteer and exempt firemen's benevolent 3 association of Valhalla, New York, and providing for its powers and 4 duties, are amended to read as follows: 5 1. A membership corporation by the name of "Volunteer and Exempt 6 [Firemen's] Firefighters' Benevolent Association of Valhalla, New York," 7 is hereby created. 8 2. All persons who now are, or have been, or who hereafter shall be 9 active volunteer members of the Valhalla fire department or any fire 10 engine, hook and ladder, patrol, emergency rescue squad or hose company 11 in the Valhalla fire district or any fire district outside but contig- 12 uous to such fire district which contracts with the Valhalla fire 13 department for fire protection pursuant to the town law, and all persons 14 in any such fire district who [are entitled to the general exemptions of 15 firemen therein as provided in section two hundred-a of the general 16 municipal law and two hundred nine of the village law, and acts amenda- 17 tory thereof or supplemental thereto, or of any other applicable law,] 18 have heretofore acquired or shall hereafter acquire the status of exempt 19 volunteer firefighters as defined in section two hundred of the general 20 municipal law or any other applicable law by virtue of having rendered 21 service in the Valhalla fire district shall be eligible to membership 22 [therein.] in the corporation created by this act; except that any fire- 23 fighter who has been removed for cause, expelled or dropped from the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13791-07-4
S. 9307--A 2 1 rolls of the Valhalla Fire Department, and who has not been reinstated 2 therein, shall not be eligible for membership in such corporation. The 3 membership of any person in such corporation shall terminate upon the 4 withdrawal of such person as an active volunteer member of the Valhalla 5 Fire Department prior to the actual performance by such person of five 6 years' service as an active volunteer member of the Valhalla Fire 7 Department. Paid firefighters, if any, in the Valhalla Fire Department, 8 shall not be eligible for membership in the corporation. 9 3. Nothing contained herein or in the village law or any other such 10 applicable law shall preclude a person from membership in such Volunteer 11 and Exempt [Firemen's] Firefighters' Benevolent Association of Valhalla, 12 New York, who resides in a fire district outside of but contiguous to 13 the Valhalla fire district, when the fire commissioners of such 14 districts have contracted with the board of fire commissioners of the 15 Valhalla fire district for fire protection under and pursuant to the 16 provisions of law in such case made and provided. 17 § 2. Sections 2 and 8 of chapter 624 of the laws of 1940 incorporating 18 the volunteer and exempt firemen's benevolent association of Valhalla, 19 New York, and providing for its powers and duties, are amended to read 20 as follows: 21 § 2. Purposes and duty of the association. The purposes and duty [of 22 the association is to provide relief to indigent and disabled firemen 23 and their families] of the corporation created by this act shall be: to 24 provide relief, aid and assistance to the volunteer members of such 25 corporation who are indigent or disabled or injured in the performance 26 of their duties, and their families; to promote and safeguard the 27 welfare of the volunteer members of such corporation, and their fami- 28 lies; to maintain a suitable headquarters for the members of such corpo- 29 ration; to provide for the health and safety of the volunteer members of 30 such corporation; and to enhance the morale of the volunteer members of 31 such corporation by providing for the social and recreational wellbeing 32 of the volunteer members of the corporation, and the promotion of the 33 volunteer fire service within the territory protected by the Valhalla 34 fire department. 35 § 8. Precept for payment of foreign fire insurance [companies] premium 36 taxes. Such corporation shall collect and there shall be paid to it all 37 tax imposed by section [one hundred thirty-three] 9104 of the insurance 38 law upon premiums on policies of insurance covering property situated 39 within the Valhalla Fire District of the Town of Mount Pleasant, West- 40 chester county, New York, or within any duly organized territory in 41 which the fire department of said district is obligated to render fire 42 protection, except that said corporation shall remit such percentage of 43 all taxes so collected or paid to it, to the treasurer of the [firemen's 44 association] Firefighters' Association of the [state] State of New York, 45 as may be required by the insurance law. The officer of said corporation 46 designated by its by-laws to collect and receive the aforesaid tax shall 47 have all the powers and be subject to all the provisions of section [one 48 hundred thirty-three] 9104 of the insurance law, relating to treasurers 49 of fire departments. Such corporation shall also be entitled to receive 50 a share of the tax imposed by section [one-hundred forty-nine-a] 9105 of 51 the insurance law, based upon the business written in the territory with 52 respect to which it is entitled to collect and receive the tax under 53 section [one hundred thirty-three] 9104 of the insurance law. Such 54 corporation shall also be entitled to receive and collect all taxes 55 heretofore due and owing and unpaid at the time of the creation of this 56 corporation. Such taxes shall be used only [for the care and relief of
S. 9307--A 3 1 disabled or indigent volunteer and exempt firemen and their families] by 2 the corporation in furtherance of its purposes as set forth in section 3 two of this act. 4 § 3. This act shall take effect immediately; provided however, that 5 the amendments to section 8 of chapter 624 of the laws of 1940 made by 6 section two of this act shall apply to taxes due on premiums received on 7 and after January 1, 2025.