Bill A8935-2013

Relates to the authority of the state fire administrator to waive certain membership requirements

Gives the state fire administrator the authority to waive certain membership requirements affecting non-residents who want to join the volunteer fire company.

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  • Mar 3, 2014: referred to local governments

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STATE OF NEW YORK ________________________________________________________________________ 8935 IN ASSEMBLY March 3, 2014 ___________
Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the village law, in relation to the authority of the state fire administrator to grant a waiver for the election of non-re- sident members in the fire company THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 10-1006 of the village law, as amended by chapter 185 of the laws of 1984, is amended to read as follows: 7. (A) The membership of any volunteer fireman shall not be continued pursuant to subdivision five, and persons shall not be elected to membership pursuant to subdivision six, if, by so doing, the percentage of such non-resident members in the fire company would exceed forty-five per centum of the actual membership of the fire company. (B) UPON APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO THE STATE FIRE ADMINISTRATOR, THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL BE WAIVED, PROVIDED THAT NO ADJACENT FIRE DISTRICT OBJECTS WITHIN SIXTY DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER. ANY SUCH OBJECTION SHALL BE MADE IN WRITING TO THE STATE FIRE ADMINISTRATOR SETTING FORTH THE REASONS SUCH WAIVER SHOULD NOT BE GRANTED. IN CASES WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL HAVE THE AUTHORITY TO GRANT A WAIVER UPON CONSIDERATION OF (1) THE DIFFICULTY OF THE FIRE COMPANY OR DISTRICT IN RETAINING AND RECRUITING ADEQUATE PERSONNEL; (2) ANY ALTERNATIVE MEANS AVAILABLE TO THE FIRE COMPANY OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT OF SUCH WAIVER ON ADJACENT FIRE DISTRICTS. S 2. This act shall take effect immediately.

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