S1885A-2013 Actions

• Feb 14, 2013: PRINT NUMBER 1885A
• Feb 14, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

S1885A-2013 Memo

BILL NUMBER:S1885A

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:  To allow volunteer fire companies
and not-for-profit fire corporations to provide greater protections
for the general public by providing for additional convictions which
would disqualify an individual from being a member of a volunteer fire
company or fire corporation.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 16 of section 176-b of the Town Law to
provide that a person who has been convicted of a violation that
requires registration under the sex offender registration act shall
not be eligible to be a member of an volunteer fire company,
additionally any current member convicted of a violation that requires
registration under the sex offender registration act shall be
immediately terminated.

Section 2: Amends subdivision 17 of section 176-b of the Town Law to
require that a fire chief cause an applicant's background to be
checked by the Division of Criminal Justice Services, or a local law
enforcement agency, to determine if they have been convicted of a
violation that requires registration under the sex offender
registration act, upon the application of an individual for membership
in a volunteer fire company.

Section 3: Amends subdivision 18 of section 10-1006 of the Village Law
to provide that a person who has been convicted of a violation that
requires registration under the sex offender registration act shall
not be eligible to be a member of an volunteer fire company,
additionally any current member convicted of a violation that requires
registration under the sex offender registration act shall be
immediately terminated.

Section 4: Amends subdivision 19 of section 10-1006 of the Village Law
to require that a fire chief cause an applicant's background to be
checked by the Division of Criminal Justice Services, or a local law
enforcement agency, to determine if they have been convicted of a
violation that requires registration under the sex offender
registration act, upon the application of an individual for membership
in a volunteer fire company.

Section 5: Amends subparagraph 4 of paragraph (c) of section 1402 of
the Not-For-Profit Corporation Law to provide that a person who has
been convicted of a violation that requires registration under the sex
offender registration act shall not be eligible to be a member of a
fire corporation, additionally any current member convicted of a
violation that requires registration under the sex offender
registration act shall be immediately terminated.

Section 6: Amends subparagraph 5 of paragraph (c) of section 1402 of
the Not-For-Profit Corporation Law to require that a fire chief cause


an applicant's background to be checked by the Division of Criminal
Justice Services, or a local law enforcement agency, to determine if
they have been convicted of a violation that requires registration
under the sex offender registration act, upon the application of an
individual for membership in a fire corporation.

Section 7: Effective date.

JUSTIFICATION:  Volunteer fire departments should have the ability to
keep convicted sex offenders from becoming volunteers. Because of the
nature of the job of volunteer firefighters are often in situations
where children and families are present and most vulnerable due to a
fire or medical emergency. Volunteer firefighters frequently
participate in community and school activities in which children are
present that would give sex offenders unique access to children. In
addition, municipalities with volunteer fire departments should not be
exposed to potential lawsuits that could come about because of an
incident involving a volunteer with a past sexual offender conviction.
This bill would allow departments to screen current volunteers for
sexual offense convictions and authorizes the termination of any
current volunteer with a conviction for sexual offenses.

This legislation has been introduced at the request of, and is
supported by, the Fireman's Association of New York, Association of
Fire Districts of the State of New York and the New York State
Association of Fire Chiefs.

PRIOR LEGISLATIVE HISTORY:  S.4931-B of 2012: Passed Senate, Died in
Assembly Government Operations
S.4931-A of 2011: Died in Senate Codes, Died in Assembly Government
Operations
S.3658 of 2010: Died in Senate Finance, Died in Assembly Government
Operations
S.3658 of 2009: Died in Senate Codes, Died in Assembly Government
Operations
S.7007 of 2008: Died in Senate Finance
A.5721 of 2007: Died in Assembly Government Operations

FISCAL IMPLICATIONS:  None, the background checks already occur for
arson convictions, this bill expands the checks to include convictions
for other offenses.

EFFECTIVE DATE:  This act shall take effect immediately.

S1885A-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 1885--A
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sens. BONACIC, LIBOUS, MARTINS, MAZIARZ -- 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 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 CAUSE THE APPLICANT'S BACKGROUND TO BE CHECKED
 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A LOCAL LAW  ENFORCEMENT
 AGENCY  FOR  A  CRIMINAL  HISTORY  INVOLVING  A CONVICTION THAT REQUIRES
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04572-02-3
 
       S. 1885--A                          2
 REGISTRATION AS A SEX OFFENDER UNDER ARTICLE  SIX-C  OF  THE  CORRECTION
 LAW.
 

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 CAUSE THE APPLICANT'S BACKGROUND TO BE  CHECKED
 BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A LOCAL LAW ENFORCEMENT
 AGENCY FOR A CRIMINAL  HISTORY  INVOLVING  A  CONVICTION  THAT  REQUIRES
 REGISTRATION  AS  A  SEX  OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION
 LAW.
 

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 CAUSE THE APPLICANT'S BACKGROUND TO
 BE CHECKED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A  LOCAL  LAW
 ENFORCEMENT  AGENCY  FOR  A CRIMINAL HISTORY INVOLVING A CONVICTION THAT
 REQUIRES REGISTRATION AS A SEX  OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW.
 

S 7. This act shall take effect immediately.

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