Bill S3913A-2013

Legalizes, validates, ratifies and confirms the Penn Yan fire department length of service award program

Legalizes, validates, ratifies and confirms the Penn Yan fire department length of service award program.

Details

Actions

  • Jun 18, 2014: SUBSTITUTED BY A4778A
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.883
  • Feb 27, 2014: PRINT NUMBER 3913A
  • Feb 27, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Feb 26, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 20, 2014
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S3913A

TITLE OF BILL: An act to legalize, validate, ratify and confirm the Penn Yan fire department length of service award program

PURPOSE:

This bill would allow volunteer firefighters to participate in various activities of the fire department during the course of a year in order to earn sufficient points to be credited with a year of service toward qualifying benefits.

SUMMARY OF PROVISIONS:

Section 1 The Penn Yan fire department in 1999 pursuant to article 11-A of the general municipal law, including the adoption of a point system whereby volunteer firefighters may participate during the course of a year in various activities and earn points to qualify for benefits is hereby legalized, validated and confirmed as long as the fund is currently sufficiently funded to cover the costs of the length of service award program.

Section 2 The Penn Yan fire department length of service award program will have been in full force and effect on and after January 1, 1999, and volunteer firefighters who have participated in this service award program during the period beginning January 1, 1999 and ending December 31, 2011 will be credited with points in accordance with the point system adopted by the village of Penn Yan.

Section 3 This act shall take effect immediately.

JUSTIFICATION:

The Village of Penn Yan created a LOSAP for the Penn Yan Fire department in 1999 by adopting a resolution creating the LOSAP and holding a referendum which ratified the creation of of the LOSAP. Although a point system was devised by the fire companies of the Penn Yan Fire Department the point system was never approved by the Board of Trustees until December 20, 2011, which approval was required by GML Article 11-A. The volunteer firefighters performed their firefighting service with a good faith expectation that they would qualify for each annual "year of service" in which, based upon their participation in sufficient activities of the Fire Department, they earned the requisite number of points that year for such qualifications. It would be an injustice for benefits to be denied any volunteer firefighter who, with a good faith expectation of receiving LOSAP benefits, participated in activities of the Fire Department at a level to earn years of service, thereby qualifying for LOSAP benefits.

LEGISLATIVE HISTORY:

2013 - S. 3913, referred to local government

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3913--A 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to legalize, validate, ratify and confirm the Penn Yan fire department length of service award program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law, all proceedings and actions taken by the village of Penn Yan, county of Yates, in relation to creating a length of service award program for the Penn Yan fire department in 1999 pursuant to article 11-A of the general munici- pal law, including the adoption of a point system whereby volunteer firefighters may participate in various activities of the fire depart- ment during the course of a year in order to earn sufficient points to be credited with a year of service toward qualifying benefits, are here- by legalized, validated, ratified and confirmed provided that such village has adopted a length of service award program, including a point system, that is in compliance with the general municipal law, and provided further that such village's length of service award program fund is currently sufficiently funded to cover the costs of such length of service award program and point system that was in violation of the general municipal law. S 2. The Penn Yan fire department length of service award program described in section one of this act shall be deemed to have been in full force and effect on and after January 1, 1999, and volunteer fire- fighters participating in such service award program during the period beginning January 1, 1999 and ending December 31, 2011 shall be credited with points for participation in activities of such fire department in accordance with the point system adopted by the village of Penn Yan. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus