senate Bill S4931B

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2011
    • REFERRED TO FINANCE
  • 26 / May / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO CODES
  • 07 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 07 / Jun / 2011
    • PRINT NUMBER 4931A
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Jun / 2012
    • PRINT NUMBER 4931B
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1234
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A3523B
Versions:
S4931
S4931A
S4931B
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Town Law
Laws Affected:
Amd §176-b, Town L; amd §10-1006, Vil L; amd §1402, N-PC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3523B
2009-2010: A1277, S3658, A1277
2007-2008: A5721, A5721

Sponsor Memo

BILL NUMBER:S4931B

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 search the internet subdirectory of
individuals who 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 search the internet subdirectory of
individuals who 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
search the internet subdirectory of individuals who 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 fire
fighters 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:
A.1277 of 2009-2010
A.5721 of 2008

FISCAL IMPLICATIONS:
None, the background checks already occur for arson convictions, this
bill expands the checks to include convictions for other offenses.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4931--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by Sens. BONACIC, LIBOUS, MARTINS, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance -- committee discharged and said bill committed to the Commit-
  tee  on Codes -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee  on  Codes  in  accordance  with  Senate  Rule  6, sec. 8 --
  reported favorably from said committee and committed to the  Committee
  on Finance -- 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05389-05-2

S. 4931--B                          2

conviction for arson AND SEARCH THE INTERNET SUBDIRECTORY MANDATED UNDER
ARTICLE SIX-C OF THE CORRECTION LAW FOR  A  CRIMINAL  HISTORY  INVOLVING
CONVICTION  FOR  A  VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  SUCH
ARTICLE.
  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 SEARCH THE INTERNET SUBDIRECTORY MANDATED UNDER
ARTICLE SIX-C OF THE CORRECTION LAW FOR  A  CRIMINAL  HISTORY  INVOLVING
CONVICTION  FOR  A  VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  SUCH
ARTICLE.
  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 SEARCH  THE  INTERNET  SUBDIRECTORY
MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW FOR A CRIMINAL HISTO-
RY INVOLVING CONVICTION FOR A VIOLATION THAT REQUIRES REGISTRATION UNDER
SUCH ARTICLE.
  S 7. This act shall take effect immediately.

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