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S01885 Summary:

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S01885 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1885--C
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  BONACIC,  CARLUCCI,  FLANAGAN,  GRISANTI, LARKIN,
          LIBOUS, MARCHIONE, MARTINS, MAZIARZ, O'BRIEN, VALESKY  --  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 recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining  its  place  in the order of third reading -- recommitted 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 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:
 
     1    Section 1. Section 837-o of the executive law, as added by chapter 423
     2  of the laws of 1999, subdivision 2 and paragraph (b) of subdivision 3 as
     3  amended by section 41 of part B of chapter 56 of the laws  of  2010,  is
     4  amended to read as follows:
     5    § 837-o. Search for arson and sex offense conviction records of volun-
     6  teer firefighter applicants. 1. Any person who applies for membership in
     7  a  fire  company, as such term is defined in section three of the volun-
     8  teer firefighters' benefit law, or who seeks to transfer as a member  to
     9  another  fire  company, shall be required to authorize the submission of
    10  his or her name and other  authorized  identifying  information  to  the
    11  division which shall search its files for records indicating whether the

    12  person  stands convicted of the crime of arson or a crime which requires
    13  the person to register as a sex offender  under  article  six-C  of  the
    14  correction  law.  The  chief of the fire company to which application is
    15  made shall provide written notice to the applicant that a search will be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04572-13-4
        S. 1885--C                          2
 
     1  conducted, and if the applicant desires to  proceed,  he  or  she  shall
     2  complete  a  search request on the form provided for this purpose by the
     3  division of criminal justice services.
     4    2.  Within  ten business days of receipt from the applicant, the chief

     5  of the fire company shall send the  completed  search  request  form  to
     6  either  (i)  the  sheriff's  department  of the county in which the fire
     7  company is located, or (ii) the office of fire prevention  and  control,
     8  as follows:
     9    (a)  the  sheriff's department of the county in which the fire company
    10  is located shall be responsible for receiving the  search  requests  and
    11  processing  the  search  requests  with the division within ten business
    12  days of receipt from the chief of the fire company,  unless  the  county
    13  legislative body adopts and files with the office of fire prevention and
    14  control  pursuant  to  the municipal home rule law a local law providing
    15  that the sheriff's department shall not have such responsibility;
    16    (b) in all other instances where a county legislative body has adopted
    17  a local law pursuant to paragraph (a) of this subdivision, the office of

    18  fire prevention and control shall be responsible  for  receiving  search
    19  requests and forwarding the search requests to the division.
    20  The office of fire prevention and control is hereby authorized to estab-
    21  lish  a  communication  network  with  the  division  for the purpose of
    22  forwarding search requests and  receiving  search  results  pursuant  to
    23  paragraph (b) of this subdivision.
    24    3.  (a)  All  searches  concerning the application for membership in a
    25  fire company shall be conducted under the provisions of subdivision  six
    26  of  section  eight  hundred  thirty-seven  of  this  article without the
    27  assessment of any fee to the applicant or fire company and shall pertain
    28  solely to ascertaining whether the applicant stands convicted  of  arson
    29  or a crime which requires the person to register as a sex offender under
    30  article six-C of the correction law.

    31    (b) The results of the search shall be communicated in writing, within
    32  ten business days of receipt from the division, to the chief of the fire
    33  company from which the search request originated by either the sheriff's
    34  department  or  the  office of fire prevention and control, and shall be
    35  kept confidential by the chief, except as provided in paragraph  (c)  of
    36  this  subdivision.  The  results  of  the search shall only state either
    37  that: (i) the applicant stands convicted of arson and/or a  crime  which
    38  requires the person to register as a sex offender under article six-C of
    39  the  correction  law,  or (ii) the applicant has no record of conviction
    40  for arson or a crime which requires the person  to  register  as  a  sex
    41  offender  under  article six-C of the correction law. The results of the

    42  search shall not divulge any other information relating to the  criminal
    43  history of the applicant.
    44    (c)  At  the time an applicant is advised that he or she is ineligible
    45  for membership due to a record of conviction for arson, he or she  shall
    46  also  be  advised  of the rights to challenge and appeal the information
    47  contained in the record of conviction as provided in the rules and regu-
    48  lations of the division. The applicant shall continue to be barred  from
    49  membership until all administrative and judicial challenges to the accu-
    50  racy  of  such information or appeals therefrom, are ultimately resolved
    51  in his or her favor, or if such a determination is unchallenged.
    52    (d) If a person is denied  election  or  appointment  as  a  volunteer
    53  member  of  a fire company based in whole or in part on the fact that he

    54  or she stands convicted of a crime which requires the person to register
    55  as a sex offender under article six-C of the correction law, he  or  she
    56  shall  be  advised  by  the  fire company of the rights to challenge and
        S. 1885--C                          3
 
     1  appeal the information contained in the record of conviction as provided
     2  in the rules and regulations of the division, and provided by  the  fire
     3  company  with a copy of the criminal history record received by the fire
     4  company  and  with  a copy of sections seven hundred fifty-two and seven
     5  hundred fifty-three of the correction law.
     6    § 2. Subdivision 17 of section 176-b of the  town  law,  as  added  by
     7  chapter 423 of the laws of 1999, is amended to read as follows:

     8    17.  Upon  application  by any person for membership in a fire company
     9  operating pursuant to this section,  the  fire  chief  shall  cause  the
    10  applicant's  background  to be checked pursuant to section eight hundred
    11  thirty-seven-o of the executive law for a criminal history  involving  a
    12  conviction for arson and conviction of a crime which requires the person
    13  to register as a sex offender under article six-C of the correction law.
    14  Where  such  criminal history information includes conviction of a crime
    15  which requires the person to register as a sex  offender  under  article
    16  six-C  of  the correction law, a fire company shall determine whether or
    17  not such person shall be eligible to be elected or appointed as a volun-
    18  teer member of such fire company. Such determination shall  be  made  in

    19  accordance  with  the  criteria  established  in  sections seven hundred
    20  fifty-two and seven hundred fifty-three of the correction law.
    21    § 3. Subdivision 19 of section 10-1006 of the village law, as added by
    22  chapter 423 of the laws of 1999, is amended to read as follows:
    23    19. Upon application by any person for membership in  a  fire  company
    24  operating  pursuant  to  this  section,  the  fire chief shall cause the
    25  applicant's background to be checked pursuant to section  eight  hundred
    26  thirty-seven-o  of  the executive law for a criminal history involving a
    27  conviction for arson and conviction of a crime which requires the person
    28  to register as a sex offender under article six-C of the correction law.
    29  Where such criminal history information includes conviction of  a  crime

    30  which  requires  the  person to register as a sex offender under article
    31  six-C of the correction law, a fire company shall determine  whether  or
    32  not such person shall be eligible to be elected or appointed as a volun-
    33  teer  member  of  such fire company. Such determination shall be made in
    34  accordance with the  criteria  established  in  sections  seven  hundred
    35  fifty-two and seven hundred fifty-three of the correction law.
    36    §  4.  Subparagraph 5 of paragraph (c) of section 1402 of the not-for-
    37  profit corporation law, as added by chapter 423 of the laws of 1999,  is
    38  amended to read as follows:
    39    (5)  Upon  application  by  any person for membership in a fire corpo-
    40  ration operating pursuant to this section, the fire  chief  shall  cause

    41  the  applicant's  background  to  be  checked  pursuant to section eight
    42  hundred thirty-seven-o of the  executive  law  for  a  criminal  history
    43  involving  a  conviction  for  arson  and  conviction  of  a crime which
    44  requires the person to register as a sex offender under article six-C of
    45  the correction law. Where such  criminal  history  information  includes
    46  conviction  of  a  crime  which requires the person to register as a sex
    47  offender under article six-C of the correction law, a fire company shall
    48  determine whether or not such person shall be eligible to be elected  or
    49  appointed as a volunteer member of such fire company. Such determination
    50  shall  be  made  in accordance with the criteria established in sections

    51  seven hundred fifty-two and seven hundred fifty-three of the  correction
    52  law.
    53    § 5. This act shall take effect on the one hundred twentieth day after
    54  it shall have become a law.