Bill S6612-2013

Authorizes, in the discretion of a fire company, searches of the criminal history of volunteer firefighters to be conducted

Authorizes, in the discretion of a fire company, searches of the criminal history of volunteer firefighters to be conducted.

Details

Actions

  • Feb 12, 2014: REFERRED TO FINANCE

Memo

BILL NUMBER:S6612

TITLE OF BILL: An act to amend the executive law, the village law, the town law and the not-for-profit corporation law, in relation to authorizing searches of the criminal history information of volunteer firefighters

PURPOSE: To authorize in the discretion of a fire company, searches of the criminal history of volunteer firefighters to be conducted.

SUMMARY OF PROVISIONS:

Section One - amends an act of criminal history information of volunteer firefighters by adding a new section 837-s. 1. For the purposes of this section, "criminal history information" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division. 2. Any person who applies for membership in a fire company, as such term is defined in section three of the volunteer firefighters" benefit law, or who seeks to transfer as a member of another fire company, may be requested by the fire company he or she seeks to join to provide two sets of fingerprints if such fire company, in its discretion, elects to obtain the criminal history information of the applicant. The chief of the fire company to which the application is made shall provide written notice to the applicant that such information may be sought from the division, and that the applicant may decline to provide his or her fingerprints. 3. Upon receipt of an applicant's fingerprints taken pursuant to subdivision one of this section, the fire company shall promptly submit such fingerprints and the prescribed processing fee, as set forth in subdivision eight-a of section eight hundred thirty-seven of this article, to the division. The division shall compare such fingerprints against its records and upon request of the fire company shall forward a set of such fingerprints to the Federal Bureau of Investigations with a request that such bureau's files be searched and notification of the results of search and report thereon shall be made. The division shall forward such criminal history information report to the fire company in a timely manner. All such reports processed and sent to a fire company pursuant to this section shall not be published or in any way disclosed or redisclosed to persons other than the chief of the fire company or the applicant. Any person who discloses or rediscloses such reports in violation of the subdivision is guilty of a class A misdemeanor. 4. The commissioner shall promulgate all rules and regulations necessary to implement the provisions of this section.

Section Two - amends the village law by adding a new subdivision 20 by stating upon application by any person for membership in a fire company operating pursuant to this section, the fire chief may elect to cause the applicant's criminal history information to be checked pursuant to section eight hundred thirty-seven-s of the executive law.

Section Three - amends the town law by adding a new subdivision 18 by stating upon application by any person for membership in a fire company operating pursuant to this section, the fire chief may elect to cause the applicant's criminal history information to be checked pursuant to section eight hundred thirty-seven-s of the executive law.

Section Four - amends the not-for-profit corporation law section 1402 of corporation law by adding a new subparagraph 6 stating an application by any person for membership in a fire corporation operating pursuant to this section, the fire chief may elect to cause the applicant's criminal history information to be checked pursuant to section eight hundred thirty-seven-s of the executive law.

Section Five - This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to convictions entered into on or after such effective date; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the division of criminal justice services and the department of state on or before such effective date.

JUSTIFICATION: This act would allow for a criminal background check on potential volunteer firefighters before being allowed to joining the fire company in a village, town or not-for-profit corporations. This process is imperative to the companies and corporations in knowing the criminal background of any potential volunteer that may apply to ensure the safety of the company or corporation. For any job that is non-volunteer a question on any criminal past is present on the application and it should be no different for a voluntary position, and being there is no application to provide such information, taking a fingerprint to check the criminal history of a potential worker is necessary.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: Not yet determined

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law


Text

STATE OF NEW YORK ________________________________________________________________________ 6612 IN SENATE February 12, 2014 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, the village law, the town law and the not-for-profit corporation law, in relation to authorizing searches of the criminal history information of volunteer firefighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. CRIMINAL HISTORY INFORMATION OF VOLUNTEER FIREFIGHTERS. 1. FOR THE PURPOSES OF THIS SECTION, "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN INDIVIDUAL BY THE DIVISION. 2. ANY PERSON WHO APPLIES FOR MEMBERSHIP IN A FIRE COMPANY, AS SUCH TERM IS DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW, OR WHO SEEKS TO TRANSFER AS A MEMBER OF ANOTHER FIRE COMPANY, MAY BE REQUESTED BY THE FIRE COMPANY HE OR SHE SEEKS TO JOIN TO PROVIDE TWO SETS OF FINGERPRINTS IF SUCH FIRE COMPANY, IN ITS DISCRETION, ELECTS TO OBTAIN THE CRIMINAL HISTORY INFORMATION OF THE APPLICANT. THE CHIEF OF THE FIRE COMPANY TO WHICH THE APPLICATION IS MADE SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT THAT SUCH INFORMATION MAY BE SOUGHT FROM THE DIVISION, AND THAT THE APPLICANT MAY DECLINE TO PROVIDE HIS OR HER FING- ERPRINTS. 3. UPON RECEIPT OF AN APPLICANT'S FINGERPRINTS TAKEN PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FIRE COMPANY SHALL PROMPTLY SUBMIT SUCH FINGERPRINTS AND THE PRESCRIBED PROCESSING FEE, AS SET FORTH IN SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTI- CLE, TO THE DIVISION. THE DIVISION SHALL COMPARE SUCH FINGERPRINTS AGAINST ITS RECORDS AND UPON REQUEST OF THE FIRE COMPANY SHALL FORWARD A SET OF SUCH FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION WITH A REQUEST THAT SUCH BUREAU'S FILES BE SEARCHED AND NOTIFICATION OF THE RESULTS OF SUCH SEARCH AND REPORT THEREON SHALL BE MADE. THE DIVISION SHALL FORWARD SUCH CRIMINAL HISTORY INFORMATION REPORT TO THE FIRE COMPANY IN A TIMELY MANNER. ALL SUCH REPORTS PROCESSED AND SENT TO A
FIRE COMPANY PURSUANT TO THIS SECTION SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED OR REDISCLOSED TO PERSONS OTHER THAN THE CHIEF OF THE FIRE COMPANY OR THE APPLICANT. ANY PERSON WHO DISCLOSES OR REDISCLOSES SUCH REPORTS IN VIOLATION OF THIS SUBDIVISION IS GUILTY OF A CLASS A MISDE- MEANOR. 4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES- SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 2. Section 10-1006 of the village law is amended by adding a new subdivision 20 to read as follows: 20. UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF MAY ELECT TO CAUSE THE APPLICANT'S CRIMINAL HISTORY INFORMATION TO BE CHECKED PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW. S 3. Section 176-b of the town law is amended by adding a new subdivi- sion 18 to read as follows: 18. UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF MAY ELECT TO CAUSE THE APPLICANT'S CRIMINAL HISTORY INFORMATION TO BE CHECKED PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW. S 4. Paragraph (c) of section 1402 of the not-for-profit corporation law is amended by adding a new subparagraph 6 to read as follows: (6) UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE CORPO- RATION OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF MAY ELECT TO CAUSE THE APPLICANT'S CRIMINAL HISTORY INFORMATION TO BE CHECKED PURSU- ANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to convictions entered into on or after such effective date; provided, however, that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the division of criminal justice services and the department of state on or before such effective date.

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