STATE OF NEW YORK ________________________________________________________________________ 4006 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 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 22 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 1 Bohemia volunteer fire department shall be eligible for membership in 2 the corporation created by this act, except that any [fireman] fire- 3 fighter who has been removed for cause, expelled or dropped from the 4 rolls of any fire company or department, and who has not been reinstated 5 therein, shall not be eligible for membership in such corporation. The 6 membership of any person in such corporation shall terminate upon the 7 withdrawal of such person as an active volunteer member of the Bohemia 8 volunteer fire department prior to the actual performance by such person 9 of five years service as an active volunteer member of the Bohemia 10 volunteer fire department. Whenever a member who is not an exempt [fire- 11 man] firefighter as defined by section two hundred of the general munic- 12 ipal law shall move from such fire district or from territory provided 13 with fire protection as aforesaid or if the territory in which a member 14 resides shall no longer be provided with such fire protection, [his] 15 such member's membership in such corporation shall cease. 16 § 6. Control and disposal of funds and property. The control and 17 disposal of the funds, property and estate of the said association, the 18 exercise of its powers, and the management and control of its affairs 19 shall be vested in and exercised by a board of trustees which shall 20 consist of [five] eight members of such corporation; viz.: the presi- 21 dent, the vice-president, the secretary, the treasurer and [one] four 22 other [member] members having the title of trustee. Such officers and 23 trustees shall be elected at the annual meeting of such corporation in 24 the manner prescribed by its by-laws. 25 § 7. Precept for payment of foreign fire insurance premium taxes. Such 26 corporation shall collect and there shall be paid to it all taxes 27 imposed by section [five hundred fifty-three] nine thousand one hundred 28 four of the insurance law, for fire department use and benefit, upon 29 premiums for insurance against loss or damage by fire covering property 30 situated within the territory protected by the Bohemia volunteer fire 31 department, located in the town of Islip, Suffolk county, New York, or 32 within any duly organized territory in which the Bohemia volunteer fire 33 department is or may be obligated to render fire protection. The officer 34 of said corporation designated by its by-laws to collect and receive the 35 aforesaid tax shall have all the powers and be subject to all the 36 provisions of the insurance law, relating to treasurers of fire depart- 37 ments. Such corporation shall also be entitled to receive a share of the 38 tax imposed by section [five hundred fifty-four] nine thousand one 39 hundred five of the insurance law, based upon the business written in 40 the territory with respect to which it is entitled to collect and 41 receive the tax under section [five hundred fifty-three] nine thousand 42 one hundred four of the insurance law. Such taxes shall only be used 43 [for the care and relief of disabled or indigent volunteer and exempt 44 volunteer firemen and their families] in furtherance of its purposes set 45 forth in section three of this act. 46 § 2. This act shall take effect immediately.