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S T A T E O F N E W Y O R K
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10244
I N S E N A T E
May 8, 2026
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend chapter 459 of the laws of 1962 incorporating the West
Babylon 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 459 of the laws of 1962
2 incorporating the West Babylon Volunteer Firemen's Benevolent Associ-
3 ation, and providing for its powers and duties, section 6 as amended by
4 chapter 203 of the laws of 1964, are amended to read as follows:
5 Section 1. Incorporation; membership. A membership corporation by the
6 name of "West Babylon Volunteer [Firemen's] FIREFIGHTER'S Benevolent
7 Association" is hereby created. It shall be composed of such persons
8 eligible to membership therein as hereinafter provided as shall (a)
9 notify the secretary of the West Babylon volunteer fire department in
10 writing prior to the organization meeting of such corporation hereinaft-
11 er provided for of their desire to become members, or (b) shall attend
12 such meeting or an adjournment thereof, and also such persons so eligi-
13 ble as may become 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 West Babylon volunteer fire department, or of any fire corporation in
17 the West Babylon fire district, and who have heretofore acquired or
18 shall hereafter acquire the status of exempt volunteer [fireman] FIRE-
19 FIGHTERS as defined in section two hundred of the general municipal law
20 or any other applicable law by virture of having rendered service in the
21 West Babylon volunteer fire department, or of any fire corporation
22 created by this act, except that any [fireman] FIREFIGHTER who has been
23 removed for cause, expelled or dropped from the rolls, of any fire
24 company or department, and who has not been reinstated therein, shall
25 not be eligible for membership in such corporation. The membership of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15710-01-6
S. 10244 2
1 any person in such corporation shall terminate upon the withdrawal of
2 such person as an active volunteer member of the West Babylon volunteer
3 fire department. Whenever a member who is not an exempt [fireman] FIRE-
4 FIGHTER as defined by section two hundred of the general municipal law
5 shall move from such fire district or from territory provided with fire
6 protection as aforesaid or if the territory in which a member resides
7 shall no longer be provided with such fire protections, [his] THEIR
8 membership in such corporation shall cease.
9 § 6. Control and disposal of funds and property. The control and
10 disposal of the funds, property and estate of the said association, the
11 exercise of its powers, and the management and control of its affairs
12 shall be vested in and exercised by a board of trustees which shall
13 consist of [eight] NINE members of such corporation; viz.: the presi-
14 dent, the vice-president, the secretary, the treasurer and [four] FIVE
15 other members having the title of trustee. Such officers and trustees
16 shall be elected at the annual meeting of such corporation in the manner
17 prescribed by its by-laws.
18 § 7. Precept for payment of foreign fire insurance premium taxes. Such
19 corporation shall collect and there shall be paid to it all taxes
20 imposed by section [five hundred fifty-three] NINE THOUSAND ONE HUNDRED
21 FOUR of the insurance law, for fire department use and benefit, upon
22 premiums for insurance against loss or damage by fire covering property
23 situated within the territory protected by the West Babylon volunteer
24 fire department, located in the town of Babylon, Suffolk county, New
25 York, or within any duly organized territory in which the West Babylon's
26 volunteer fire department is or may be obligated to render fire
27 protection. The officer of said corporation designated by its by-laws to
28 collect and receive the aforesaid tax shall have all the powers and be
29 subject to all the provisions of the insurance law, relation to treasur-
30 ers of fire departments. Such corporation shall also be entitled to
31 receive a share of the tax imposed by section [five hundred fifty-four]
32 NINE THOUSAND ONE HUNDRED FIVE of the insurance law, based upon the
33 business written in the territory with respect to which it is entitled
34 to collect and receive the tax under section [five hundred fifty-three]
35 NINE THOUSAND ONE HUNDRED FOUR of the insurance law. Such taxes shall
36 only be used [for the care and relief of disabled or indigent volunteer
37 and exempt volunteer firemen and their families] BY THE CORPORATION IN
38 FURTHERANCE OF ITS PURPOSE AS SET FORTH IN SECTION THREE OF THIS ACT.
39 § 2. This act shall take effect immediately; provided, however, that
40 the amendments to section 7 of chapter 459 of the laws of 1962 made by
41 section one of this act shall apply to taxes due and premiums received
42 on and after January 1, 2027.