Prohibits people registered under the sex offender registration act from being a volunteer firefighter; provides that a conviction that requires registration under the sex offender registration act shall result in an immediate disqualification as a member.

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A3523B-2011 Actions

• May 21, 2012: print number 3523a
• May 21, 2012: print number 3523b
• May 21, 2012: amend (t) and recommit to governmental operations
• Jan 4, 2012: referred to governmental operations
• Jun 6, 2011: print number 3523a
• Jun 6, 2011: amend (t) and recommit to governmental operations
• Jan 25, 2011: referred to governmental operations

A3523B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3523--B

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 25, 2011
                                 ___________

  Introduced  by  M.  of  A.  REILLY, LATIMER, N. RIVERA, BURLING, THIELE,
    GOODELL, GUNTHER -- Multi-Sponsored by -- M. of A. D. MILLER, RABBITT,
    P. RIVERA -- read once and referred to the Committee  on  Governmental
    Operations -- committee discharged, bill amended, ordered reprinted as
    amended  and  recommitted  to  said  committee  --  recommitted to the
    Committee on Governmental Operations in accordance with Assembly  Rule
    3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  AN ACT to amend the town law, the village  law  and  the  not-for-profit
    corporation law, in relation to qualifications to serve as a volunteer
    firefighter

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Subdivision 16 of section 176-b of the town law, as  added
  by chapter 719 of the laws of 1985, is amended to read as follows:

    16.  A  person  who  has  been  convicted  of arson in any degree OR A
  VIOLATION THAT REQUIRES REGISTRATION UNDER THE SEX OFFENDER REGISTRATION
  ACT AS ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW, shall not  be
  eligible  to  be  elected  or  appointed as a volunteer member of a fire
  company. The membership of any volunteer member of a fire company  shall
  immediately  terminate  if  he  is convicted of arson in any degree OR A
  VIOLATION THAT REQUIRES REGISTRATION UNDER THE SEX OFFENDER REGISTRATION
  ACT AS ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW while a member
  of a fire company.
    S 2. Subdivision 17 of section 176-b of the  town  law,  as  added  by
  chapter 423 of the laws of 1999, is amended to read as follows:

    17.  Upon  application  by any person for membership in a fire company
  operating pursuant to this section,  the  fire  chief  shall  cause  the
  applicant's  background  to be checked pursuant to section eight hundred
  thirty-seven-o of the executive law for a criminal history  involving  a
  conviction for arson AND SEARCH THE INTERNET SUBDIRECTORY MANDATED UNDER

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05389-04-2

 A. 3523--B                          2

  ARTICLE  SIX-C  OF  THE  CORRECTION LAW FOR A CRIMINAL HISTORY INVOLVING
  CONVICTION  FOR  A  VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  SUCH
  ARTICLE.
    S 3. Subdivision 18 of section 10-1006 of the village law, as added by
  chapter 719 of the laws of 1985, is amended to read as follows:

    18.  A  person  who  has  been  convicted  of arson in any degree OR A
  VIOLATION THAT REQUIRES REGISTRATION UNDER THE SEX OFFENDER REGISTRATION
  ACT AS ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW, shall not  be
  eligible  to  be  elected  or  appointed as a volunteer member of a fire
  company. The membership of any volunteer member of a fire company  shall
  immediately  terminate  if  he  is convicted of arson in any degree OR A
  VIOLATION THAT REQUIRES REGISTRATION UNDER THE SEX OFFENDER REGISTRATION
  ACT AS ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW while a member
  of a fire company.
    S 4. Subdivision 19 of section 10-1006 of the village law, as added by
  chapter 423 of the laws of 1999, is amended to read as follows:

    19. Upon application by any person for membership in  a  fire  company
  operating  pursuant  to  this  section,  the  fire chief shall cause the
  applicant's background to be checked pursuant to section  eight  hundred
  thirty-seven-o  of  the executive law for a criminal history involving a
  conviction for arson AND SEARCH THE INTERNET SUBDIRECTORY MANDATED UNDER
  ARTICLE SIX-C OF THE CORRECTION LAW FOR  A  CRIMINAL  HISTORY  INVOLVING
  CONVICTION  FOR  A  VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  SUCH
  ARTICLE.
    S 5. Subparagraph 4 of paragraph (c) of section 1402 of  the  not-for-
  profit  corporation law, as added by chapter 719 of the laws of 1985, is
  amended to read as follows:

    (4) A person who has been convicted  of  arson  in  any  degree  OR  A
  VIOLATION THAT REQUIRES REGISTRATION UNDER THE SEX OFFENDER REGISTRATION
  ACT  AS ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW, shall not be
  eligible to be named in the  certificate  of  incorporation  of  a  fire
  corporation,  or  to  be elected or appointed as a volunteer member of a
  fire corporation. The membership of  any  volunteer  member  of  a  fire
  corporation  shall  immediately  terminate  if he OR SHE is convicted of
  arson in any degree OR A VIOLATION THAT REQUIRES REGISTRATION UNDER  THE
  SEX  OFFENDER  REGISTRATION  ACT  AS ESTABLISHED BY ARTICLE SIX-C OF THE
  CORRECTION LAW while a member of a fire corporation.
    S 6. Subparagraph 5 of paragraph (c) of section 1402 of  the  not-for-
  profit  corporation law, as added by chapter 423 of the laws of 1999, is
  amended to read as follows:

    (5) Upon application by any person for membership  in  a  fire  corpo-
  ration  operating  pursuant  to this section, the fire chief shall cause
  the applicant's background to  be  checked  pursuant  to  section  eight
  hundred  thirty-seven-o  of  the  executive  law  for a criminal history
  involving a conviction for arson AND SEARCH  THE  INTERNET  SUBDIRECTORY
  MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW FOR A CRIMINAL HISTO-
  RY INVOLVING CONVICTION FOR A VIOLATION THAT REQUIRES REGISTRATION UNDER
  SUCH ARTICLE.
    S 7. This act shall take effect immediately.