S6998-2011 - NY Senate Open Legislation - 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.

Sponsor: O'MARA / Committee: LOCAL GOVERNMENTS
Law Section: Yates County

S6998-2011 Actions

Jun 20, 2012: referred to local governments
Jun 20, 2012: DELIVERED TO ASSEMBLY
Jun 20, 2012: PASSED SENATE
Jun 20, 2012: HOME RULE REQUEST
Jun 20, 2012: ORDERED TO THIRD READING CAL.1414
Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Apr 20, 2012: REFERRED TO LOCAL GOVERNMENT

S6998-2011 Meetings

Rules: Jun 21, 2012

S6998-2011 Calendars

Floor Calendar: Jun 20, 2012

S6998-2011 Votes

VOTE: FLOOR VOTE: - Jun 20, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012

Ayes (25): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins

S6998-2011 Memo

BILL NUMBER:S6998

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, ratified and confirmed.

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 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:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately.

S6998-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6998
 I N  SENATE
 April 20, 2012
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government
 

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 the creating a length of service award program for 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 volun
 teer firefighters may 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,
 are hereby legalized, validated, ratified and confirmed.
 

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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15415-01-2

S6998-2011: Legalizes, validates, ratifies and confirms the Penn Yan fire department length of service award program