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.