S T A T E O F N E W Y O R K
________________________________________________________________________
6661
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to full criminal back-
ground checks for volunteer and paid firefighters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 837-o of the executive law, as added by chapter 423
of the laws of 1999, subdivision 2 and paragraph (b) of subdivision 3 as
amended by chapter 689 of the laws of 2002, is amended to read as
follows:
S 837-o. Search for [arson conviction] CRIMINAL records of [volunteer]
firefighter applicants. 1. Any person, VOLUNTEER, PAID OR BOTH, 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 to another fire company, shall be required to
authorize the submission of his or her name and other authorized identi-
fying information to the division which shall search its files for ANY
AND ALL CRIMINAL records [indicating whether the] PERTAINING TO SUCH
person [stands convicted of the crime of arson]. The chief of the fire
company to which application is made shall provide written notice to the
applicant that a search will be conducted, and if the applicant desires
to proceed, he or she shall complete a search request on the form
provided for this purpose by the division of criminal justice services.
2. Within ten business days of receipt from the applicant, the chief
of the fire company shall send the completed search request form to
either (i) the sheriff's department of the county in which the fire
company is located, or (ii) the department of state, office of fire
prevention and control, as follows:
(a) the sheriff's department of the county in which the fire company
is located shall be responsible for receiving the search requests and
processing the search requests with the division within ten business
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09692-01-9
A. 6661 2
days of receipt from the chief of the fire company, unless the county
legislative body adopts and files with the secretary of state pursuant
to the municipal home rule law a local law providing that the sheriff's
department shall not have such responsibility;
(b) in all other instances where a county legislative body has adopted
a local law pursuant to paragraph (a) of this subdivision, the depart-
ment of state, office of fire prevention and control shall be responsi-
ble for receiving search requests and forwarding the search requests to
the division.
The department of state, office of fire prevention and control is hereby
authorized to establish a communication network with the division for
the purpose of forwarding search requests and receiving search results
pursuant to paragraph (b) of this subdivision.
3. (a) All searches concerning the application for membership in a
fire company shall be conducted under the provisions of subdivision six
of section eight hundred thirty-seven of this article without the
assessment of any fee to the applicant or fire company [and shall
pertain solely to ascertaining whether the applicant stands convicted of
arson].
(b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department or the department of state, office of fire prevention and
control, and shall be kept confidential by the chief, except as provided
in paragraph (c) of this subdivision. [The results of the search shall
only state either that: (i) the applicant stands convicted of arson, or
(ii) the applicant has no record of conviction for arson. The results of
the search shall not divulge any other information relating to the crim-
inal history of the applicant.]
(c) At the time an applicant is advised that he or she is ineligible
for membership due to [a record of conviction for arson] HIS OR HER
CRIMINAL RECORDS, he or she shall also be advised of the rights to chal-
lenge and appeal the information contained in [the record of conviction]
SUCH CRIMINAL RECORDS as provided in the rules and regulations of the
division. The applicant shall continue to be barred from membership
until all administrative and judicial challenges to the accuracy of such
information or appeals therefrom, are ultimately resolved in his or her
favor, or if such a determination is unchallenged.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.