senate Bill S3913A

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

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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

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

Summary

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

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Bill Details

See Assembly Version of this Bill:
A4778A
Versions:
S3913
S3913A
Legislative Cycle:
2013-2014
Law Section:
Yates County
Versions Introduced in 2011-2012 Legislative Cycle:
S6998, A8453, A9912

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor 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.

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

                                 3913--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01272-03-4

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