Bill S1885B-2013

Prohibits people registered under the sex offender registration act from being a volunteer firefighter

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to codes
  • Jun 20, 2013: RETURNED TO ASSEMBLY
  • Jun 20, 2013: REPASSED SENATE
  • Jun 17, 2013: AMENDED ON THIRD READING 1885B
  • Jun 17, 2013: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 17, 2013: returned to senate
  • Jun 17, 2013: RECALLED FROM ASSEMBLY
  • May 30, 2013: referred to governmental operations
  • May 30, 2013: DELIVERED TO ASSEMBLY
  • May 30, 2013: PASSED SENATE
  • May 29, 2013: ORDERED TO THIRD READING CAL.805
  • May 29, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 14, 2013: PRINT NUMBER 1885A
  • Feb 14, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S1885B

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 on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1885--B Cal. No. 805 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. BONACIC, CARLUCCI, FLANAGAN, GRISANTI, LIBOUS, MARCHIONE, 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 -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third read- ing, amended and ordered reprinted, retaining its place in the order of third reading 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 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 on the ninetieth day after it shall have become a law.

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