senate Bill S1492

2011-2012 Legislative Session

Authorizes the town board of any town, which does not have a fire district, to establish and operate a town fire department

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Archive: Last Bill Status - In Committee


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

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Jan 04, 2012 referred to local government
Jan 07, 2011 referred to local government

S1492 - Bill Details

Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Add Art 10-A ยงยง160 - 167, Town L
Versions Introduced in 2009-2010 Legislative Session:
S271

S1492 - Bill Texts

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Authorizes the town board of any town, which does not have a fire district, to establish and operate a town fire department.

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BILL NUMBER:S1492

TITLE OF BILL:
An act
to amend the local emergency housing rent control act, in relation to
rent regulation laws

PURPOSE:
To restore home rule to New York City regarding a critical local issue
by returning its power to address legislatively its worsening housing
affordability and homeless crisis; to preserve remaining affordable
housing by enacting enhanced rent and eviction protections.

SUMMARY OF PROVISIONS:
This act includes provisions repealing the 1971 'Urstadt Law,' which
prohibits cities with a Population of one million or more from
strengthening rent and eviction protections, and the 2003 amendment
to it that further curtailed the City's home rule powers.

JUSTIFICATION:
Since 1971, when home rule over rent and eviction protections was
taken away, New York City's housing situation has gone from chronic
shortage
to acute crisis. According to the 2011 NYC Housing and Vacancy Survey,
the rental vacancy rate is 3.12%; a vacancy rate of less than 5%
creates abnormal market conditions. Rent hardship afflicts poor and
middle-class households alike, with half of all New Yorkers paying at
ox over the federal hardship level of 30% of income in rent, and
almost one in three households paying more than half their income in
rent Firefighters, nurses, teachers, police officers, nurses,
construction workers, seniors, artists and thousands of other" New
Yorkers can no longer afford to live in the communities they serve.
More and more low income families have become homeless - there are
more homeless people in NYC than at any time since the Great
Depression.

As families are forced out of their homes, the rents are frequently
increased to exorbitant levels, contributing to an even tighter
housing market. More than one third of the city's subsidized
apartments were lost between 1990 and 2006, and the NYC Rent
Guidelines Board found that at least 14,175 rent stabilized units
were deregulated in 2011 alone Unless the regulations governing rent
and eviction protections are strengthened, hundreds of thousands of
additional affordable units are likely to be lost during the next
decade.

While communities across the state face a range of housing
difficulties, the housing market in NYC is unlike any other in the
state. NYC's local
government is in the best position to understand and address the
conditions created by this market. Currently, however, because its

hands are tied by the Urstadt Law, the local government is Powerless
to deal with the housing crisis within its borders.

This act restores NYC's home rule in this critical area of local
concern, so that it can adopt rational policies to protect more than
2 million residents in almost one million rent controlled and
stabilized apartments. This act also removes the impediment to the
local government's ability to protect tens of thousands of families
facing the devastating loss of protections under existing
Mitchell-Lama and Section B programs.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

LEGISLATIVE HISTORY:

2011-2012: S.443-A
2009-2010: S.749/A.1688
2007-2008: S.1673/A.4069
2005-2006: S.2735/A.4523
2003-2004: S.3123/A.2071
2001-2002: S.4369/A.1307
1997-1998: S.6532-A

EFFECTIVE DATE:
Immediately, with provisions.

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

                                  1492

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in  relation  to  authorizing  a  town  to
  establish and operate a town fire department

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The town law is amended by adding a  new  article  10-A  to
read as follows:

                              ARTICLE 10-A
                             FIRE DEPARTMENT

SECTION 160. ESTABLISHMENT OF TOWN FIRE DEPARTMENT.
        161. POWERS OF TOWN BOARD.
        162. RULES AND REGULATIONS.
        163. ORGANIZATION OF COMPANIES.
        164. VOLUNTEER MEMBERS OF TOWN FIRE COMPANIES.
        165. INCORPORATION OF FIRE DEPARTMENT.
        166. ELECTION OF COMPANY OFFICERS AND DELEGATES.
        167. CHIEF AND ASSISTANT CHIEFS.
  S  160.  ESTABLISHMENT  OF  TOWN  FIRE DEPARTMENT. NOTWITHSTANDING THE
PROVISIONS OF ARTICLE ELEVEN OF THIS CHAPTER OR ANY OTHER  PROVISION  OF
LAW  TO  THE CONTRARY, THE TOWN BOARD OF ANY TOWN, WHICH DOES NOT HAVE A
FIRE DISTRICT, MAY ESTABLISH AND OPERATE A TOWN FIRE DEPARTMENT.
  S 161. POWERS OF TOWN BOARD. THE TOWN BOARD OF A TOWN:
  1. HAS THE CARE, CUSTODY AND CONTROL OF ALL TOWN PROPERTY OF THE  FIRE
DEPARTMENT.
  2. MAY PURCHASE SUCH EQUIPMENT AS IS SUITABLE AND NECESSARY TO PREVENT
AND  EXTINGUISH  FIRES WITHIN THE TOWN, OR FOR THE PURPOSES OF ANY EMER-
GENCY AND FIRST AID SQUAD ORGANIZED  WITHIN  THE  FIRE  DEPARTMENT,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02061-01-1

S. 1492                             2

UNIFORMS FOR ALL ACTIVE MEMBERS OF THE FIRE DEPARTMENT AND KEEP THE SAME
IN GOOD CONDITION AND REPAIR.
  3.  MAY  ERECT  AND  MAINTAIN SUITABLE AND NECESSARY BUILDINGS FOR THE
FIRE DEPARTMENT.
  4. MAY CONSTRUCT AND MAINTAIN RESERVOIRS AND CISTERNS AND SUPPLY  THEM
WITH WATER FOR USE AT FIRES.
  5.  MAY  ADOPT RULES FOR THE ADMISSION, SUSPENSION, REMOVAL AND DISCI-
PLINE OF THE MEMBERS, OFFICERS AND EMPLOYEES OF THE FIRE DEPARTMENT, MAY
PRESCRIBE THEIR POWERS AND DUTIES, AND FIX THEIR COMPENSATION NOT INCON-
SISTENT WITH THIS ARTICLE.
  6. MAY ADOPT RULES AND REGULATIONS GOVERNING FIRE COMPANIES  AND  FIRE
DEPARTMENTS,  PRESCRIBING  THE  DUTIES  OF  THE MEMBERS THEREOF, AND MAY
ENFORCE DISCIPLINE AND PROVIDE FOR  PUBLIC  DRILLS,  PARADES,  FUNERALS,
INSPECTIONS  AND  REVIEWS OF THE TOWN FIRE DEPARTMENT, OR ANY COMPANY OR
UNIT THEREOF, WITHIN THE TOWN OR AT OTHER PLACES WITHIN THE  STATE,  ANY
ADJOINING  STATE  OR  IN  CANADA.  SUCH  RULES AND REGULATIONS SHALL NOT
AUTHORIZE ANY MEMBER OF THE TOWN BOARD TO INTERFERE WITH THE  DUTIES  OF
THE  FIRE  CHIEF  OR  THE ASSISTANT FIRE CHIEF AT SUCH TIMES AS THE FIRE
DEPARTMENT OR ANY COMPANY OR SQUAD THEREOF IS ON DUTY.
  7. MAY APPOINT PERSONS OTHER THAN MEMBERS OR OFFICERS OF  THE  DEPART-
MENT TO TAKE CHARGE OF TOWN PROPERTY, AND MAY FIX THEIR COMPENSATION.
  8.  MAY  EMPLOY DUTY OR "CALL MEN", TO SERVE ON A PART-TIME BASIS WHEN
NECESSARY, AND FIX THEIR DUTIES AND COMPENSATION.  SUCH  PART-TIME  PAID
FIREFIGHTER  IN  THE EVENT OF INJURY SHALL BE ENTITLED TO THE APPLICABLE
BENEFITS PROVIDED FOR SUCH PART-TIME PAID FIREFIGHTER UNDER SECTION  TWO
HUNDRED  SEVEN-A OF THE GENERAL MUNICIPAL LAW AND IN THE EVENT OF INJURY
OR DEATH SHALL BE ENTITLED TO THE APPLICABLE BENEFITS, IF ANY,  PROVIDED
FOR  SUCH  PART-TIME  PAID  FIREFIGHTER  UNDER THE RETIREMENT AND SOCIAL
SECURITY LAW AND THE WORKERS' COMPENSATION LAW. PERSONS WHO  ARE  VOLUN-
TEER  MEMBERS  OF  THE  TOWN  FIRE  DEPARTMENT  MAY  BE EMPLOYED AS SUCH
PART-TIME PAID FIREFIGHTER, BUT IN THE EVENT OF INJURY,  DEATH,  DISEASE
OR  INFECTION, RESULTING FROM SERVICES PERFORMED IN LINE OF DUTY AS SUCH
PART-TIME PAID FIREFIGHTER THEY SHALL NOT BE  ENTITLED  TO  ANY  OF  THE
BENEFITS  PROVIDED  FOR VOLUNTEER FIREFIGHTERS UNDER THE VOLUNTEER FIRE-
FIGHTERS' BENEFIT LAW, OR UNDER ANY POLICY OF BLANKET ACCIDENT INSURANCE
PURCHASED BY THE TOWN OR PURCHASED BY THE FIRE DEPARTMENT TO COVER  ONLY
VOLUNTEER MEMBERS OF SUCH DEPARTMENT.
  9.  MAY  INQUIRE  INTO  THE CAUSE AND ORIGIN OF FIRES OCCURRING IN THE
TOWN AND MAY TAKE TESTIMONY IN RELATION THERETO.
  10. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW  TO  THE  CONTRARY,  A
TOWN MAY INCLUDE AS PART OF ITS BUDGET AN APPROPRIATION TO FUND AN ANNU-
AL  FIREFIGHTERS'  INSPECTION-DINNER  FOR  EACH  FIRE COMPANY WITHIN THE
TOWN.
  S 162. RULES AND REGULATIONS. THE TOWN BOARD MAY ADOPT RULES AND REGU-
LATIONS FOR THE FOLLOWING PURPOSES:
  1. TO PROTECT AND PRESERVE THE TOWN PROPERTY AND APPARATUS OF THE FIRE
DEPARTMENT.
  2. TO PREVENT DANGER FROM FIRES AND TO  PROTECT  PROPERTY  EXPOSED  TO
DESTRUCTION OR INJURY BY FIRE.
  3.  TO  PROVIDE FOR PULLING DOWN, BLOWING UP AND THE REMOVAL OF BUILD-
INGS AND PROPERTY TO ARREST THE PROGRESS  OF  FIRES  OR  EXTINGUISH  THE
SAME.
  4.  TO  PROVIDE FOR THE INSTALLATION OF YARD HYDRANT SYSTEMS CONNECTED
WITH THE PUBLIC WATER SUPPLY SYSTEM IN ACCESSIBLE LOCATIONS  ON  PRIVATE
PROPERTY  FOR  THE  PROTECTION  OF MULTIPLE RESIDENCES ENUMERATED IN THE

S. 1492                             3

MULTIPLE RESIDENCE LAW WHERE THE POSSIBILITY OF A SERIOUS FIRE HAZARD IS
DETERMINED BY THE BOARD TO EXIST.
  S  163.  ORGANIZATION  OF  COMPANIES.  THE TOWN BOARD MAY ORGANIZE AND
MAINTAIN FIRE, HOSE, PROTECTIVE AND HOOK AND LADDER COMPANIES,  WHENEVER
IN  ITS  JUDGMENT  THE  PUBLIC INTERESTS REQUIRE. THE TOWN BOARD MAY, BY
RESOLUTION, CONSENT TO THE INCORPORATION OF  ANY  OF  THE  COMPANIES  SO
ORGANIZED  BY  THEM,  OR  MAY, BY LIKE APPROVAL, CONSENT TO THE INCORPO-
RATION OR THE ORGANIZATION WITHOUT INCORPORATION OF  AS  MANY  COMPANIES
VOLUNTARILY ORGANIZED IN SUCH TOWN AS MAY BE DEEMED NECESSARY.
  S  164.  VOLUNTEER  MEMBERS  OF  TOWN FIRE COMPANIES. 1. THE VOLUNTEER
MEMBERS OF A FIRE COMPANY SHALL BE ELECTED AND APPOINTED AS PROVIDED  IN
THIS SECTION.
  2. THE TOWN BOARD SHALL APPOINT RESIDENTS OF THE TOWN AS THE VOLUNTEER
MEMBERS  OF  ANY  NEWLY  ORGANIZED  FIRE COMPANY.   THEREAFTER, THE FIRE
COMPANY MAY ELECT OTHER ELIGIBLE PERSONS, INCLUDING  TOWN  OFFICERS,  AS
VOLUNTEER  MEMBERS.  THE  ELECTION  SHALL BE PURSUANT TO THE BY-LAWS, IF
ANY, OF THE FIRE COMPANY; OTHERWISE, BY  A  THREE-FOURTHS  VOTE  OF  THE
MEMBERS  OF  THE FIRE COMPANY PRESENT AND VOTING AT A REGULAR OR SPECIAL
MEETING THEREOF. THE MEMBERSHIP OF ANY PERSON SO  ELECTED  SHALL  BECOME
EFFECTIVE  WHEN  APPROVED  BY  RESOLUTION OF THE TOWN BOARD.  MEMBERSHIP
SHALL BE DEEMED TO HAVE BEEN APPROVED PURSUANT TO  THIS  SUBDIVISION  IN
THE EVENT THAT NO ACTION IS TAKEN BY THE TOWN BOARD, EITHER APPROVING OR
DISAPPROVING,  WITHIN  FORTY  DAYS  AFTER  SERVICE  OF WRITTEN NOTICE OF
ELECTION TO MEMBERSHIP SHALL HAVE BEEN MADE BY THE SECRETARY OF THE FIRE
COMPANY UPON THE TOWN CLERK, EITHER PERSONALLY OR BY MAIL.
  3. ANY PERSON ELECTED TO MEMBERSHIP AS A VOLUNTEER MEMBER  AS  A  FIRE
COMPANY SHALL BE A RESIDENT OF THE TOWN, EXCEPT AS OTHERWISE PROVIDED IN
SUBDIVISION SIX OF THIS SECTION.
  4. THE MEMBERSHIP OF A VOLUNTEER MEMBER OF A FIRE COMPANY SHALL TERMI-
NATE  WHEN  HE  OR  SHE  CEASES  TO BE A RESIDENT OF THE TOWN, EXCEPT AS
OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
  5. ANY FIRE COMPANY MAY AUTHORIZE  THE  CONTINUED  MEMBERSHIP  OF  ANY
VOLUNTEER  MEMBER WHERE SUCH MEMBER NOTIFIES THE SECRETARY OF HIS OR HER
FIRE COMPANY (A) THAT HE OR SHE PLANS TO CHANGE HIS OR HER RESIDENCE  TO
TERRITORY  WHICH IS NOT IN THE TOWN, OR ANY FIRE COMPANY THEREOF, PURSU-
ANT TO A CONTRACT FOR FIRE PROTECTION, AND (B) THAT BY REASON OF HIS  OR
HER  RESIDENCE  IN THE VICINITY OR HIS OR HER USUAL OCCUPATION HE OR SHE
WILL BE AVAILABLE TO RENDER ACTIVE SERVICE AS A VOLUNTEER FIREFIGHTER IN
THE TOWN.  SUCH AUTHORIZATION SHALL BE PURSUANT TO THE BY-LAWS, IF  ANY,
OF  THE  FIRE  COMPANY  OF  WHICH  HE OR SHE IS A MEMBER, OTHERWISE BY A
THREE-FOURTHS VOTE OF THE MEMBERS  OF  SUCH  FIRE  COMPANY  PRESENT  AND
VOTING AT A REGULAR OR SPECIAL MEETING THEREOF. SUCH AUTHORIZATION SHALL
NOT  BECOME  EFFECTIVE  UNLESS APPROVED BY RESOLUTION OF THE TOWN BOARD.
SUCH AUTHORIZATION SHALL BE DEEMED TO HAVE  BEEN  APPROVED  PURSUANT  TO
THIS SUBDIVISION IN THE EVENT THAT NO ACTION IS TAKEN BY THE TOWN BOARD,
EITHER  APPROVING  OR  DISAPPROVING,  WITHIN FORTY DAYS AFTER SERVICE OF
WRITTEN NOTICE OF SUCH AUTHORIZATION SHALL HAVE BEEN MADE BY THE  SECRE-
TARY  OF  THE  FIRE COMPANY UPON THE TOWN CLERK, EITHER PERSONALLY OR BY
MAIL. ANY MEMBERSHIP CONTINUED PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION SHALL TERMINATE WHEN THE MEMBER CANNOT MEET EITHER  THE  REQUIRE-
MENTS  OF  THIS SUBDIVISION OR THE RESIDENCE REQUIREMENTS OF SUBDIVISION
THREE OF THIS SECTION.   IN THE CASE OF A  TOWN  WHICH  ADJOINS  ANOTHER
STATE, THE TERM "VICINITY", AS USED IN THIS SUBDIVISION, INCLUDES TERRI-
TORY IN THIS STATE AND TERRITORY IN THE ADJOINING STATE.
  6.  A PERSON WHO CANNOT MEET THE RESIDENCE REQUIREMENTS OF SUBDIVISION
THREE OF THIS SECTION MAY BE ELECTED TO MEMBERSHIP AS A VOLUNTEER MEMBER

S. 1492                             4

OF ANY FIRE COMPANY OF THE FIRE DEPARTMENT IF BY REASON OF  HIS  OR  HER
RESIDENCE  IN THE VICINITY OR HIS OR HER USUAL OCCUPATION HE OR SHE WILL
BE AVAILABLE TO RENDER ACTIVE SERVICE AS A VOLUNTEER FIREFIGHTER IN  THE
TOWN.    SUCH  ELECTION SHALL BE PURSUANT TO THE BY-LAWS, IF ANY, OF THE
FIRE COMPANY; OTHERWISE BY A THREE-FOURTHS VOTE OF THE  MEMBERS  OF  THE
FIRE COMPANY PRESENT AND VOTING AT A REGULAR OR SPECIAL MEETING THEREOF.
THE  MEMBERSHIP  OF  ANY  PERSON  SO  ELECTED SHALL NOT BECOME EFFECTIVE
UNLESS APPROVED BY RESOLUTION OF THE TOWN  BOARD.  MEMBERSHIP  SHALL  BE
DEEMED  TO  HAVE BEEN APPROVED PURSUANT TO THIS SUBDIVISION IN THE EVENT
THAT NO ACTION IS TAKEN BY THE TOWN BOARD, EITHER  APPROVING  OR  DISAP-
PROVING, WITHIN SEVENTY DAYS AFTER SERVICE OF WRITTEN NOTICE OF ELECTION
TO  MEMBERSHIP SHALL HAVE BEEN MADE BY THE SECRETARY OF THE FIRE COMPANY
UPON THE TOWN CLERK, EITHER PERSONALLY OR BY MAIL. THE MEMBERSHIP OF ANY
VOLUNTEER MEMBER ELECTED PURSUANT TO THE PROVISIONS OF THIS  SUBDIVISION
SHALL  TERMINATE  WHEN THE MEMBER CANNOT MEET EITHER THE REQUIREMENTS OF
THIS SUBDIVISION OR THE RESIDENCE REQUIREMENTS OF SUBDIVISION  THREE  OF
THIS  SECTION.    IN THE CASE OF A TOWN WHICH ADJOINS ANOTHER STATE, THE
TERM "VICINITY", AS USED IN THIS SUBDIVISION, INCLUDES TERRITORY IN THIS
STATE AND TERRITORY IN THE ADJOINING STATE.
  7. THE MEMBERSHIP OF ANY VOLUNTEER FIREFIGHTER SHALL NOT BE  CONTINUED
PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION, AND PERSONS SHALL NOT BE
ELECTED TO MEMBERSHIP PURSUANT TO SUBDIVISION SIX OF THIS  SECTION,  IF,
BY  SO  DOING,  THE  PERCENTAGE OF SUCH NON-RESIDENT MEMBERS IN THE FIRE
COMPANY WOULD EXCEED FORTY-FIVE PER CENTUM OF THE ACTUAL  MEMBERSHIP  OF
THE FIRE COMPANY.
  8. THE TOWN BOARD, BY RESOLUTION MAY RESTRICT THE MEMBERSHIP OF VOLUN-
TEER  MEMBERS IN ANY OR ALL OF THE FIRE COMPANIES OF THE FIRE DEPARTMENT
TO RESIDENTS OF THE TOWN.
  9. NON-RESIDENTS WHOSE VOLUNTEER MEMBERSHIPS HAVE  BEEN  CONTINUED  OR
AUTHORIZED  PURSUANT  TO  SUBDIVISION FIVE OR SIX OF THIS SECTION, SHALL
HAVE ALL THE POWERS, DUTIES,  IMMUNITIES,  AND  PRIVILEGES  OF  RESIDENT
VOLUNTEER  MEMBERS,  EXCEPT  (1)  NON-RESIDENTS  OF THE STATE MAY NOT BE
APPOINTED OR ELECTED TO ANY OFFICE IN THE FIRE COMPANY OR  FIRE  DEPART-
MENT,  AND  (2)  A  NON-RESIDENT OF THIS STATE WHOSE MEMBERSHIP HAS BEEN
CONTINUED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, OR  A  NON-RESI-
DENT OF THIS STATE WHO WAS ELECTED TO MEMBERSHIP PURSUANT TO SUBDIVISION
SIX  OF THIS SECTION, SHALL NOT BE CONSIDERED TO BE PERFORMING ANY FIRE-
FIGHTER DUTY, OR TO BE ENGAGED IN ANY FIREFIGHTER ACTIVITY, AS A  MEMBER
OF  THE FIRE COMPANY WHILE HE OR SHE IS OUTSIDE OF THIS STATE UNLESS AND
UNTIL HE OR SHE HAS FIRST REPORTED TO  THE  OFFICER  OR  FIREFIGHTER  IN
COMMAND  OF  HIS  OR HER FIRE DEPARTMENT, OR ANY COMPANY, SQUAD OR OTHER
UNIT THEREOF, ENGAGED OR TO BE ENGAGED IN RENDERING SERVICE OUTSIDE THIS
STATE, OR HAS RECEIVED ORDERS OR AUTHORIZATION FROM AN  OFFICER  OF  THE
FIRE  DEPARTMENT  OR FIRE COMPANY TO PARTICIPATE IN OR ATTEND AUTHORIZED
ACTIVITIES OUTSIDE OF THIS STATE IN THE SAME MANNER AS RESIDENT  MEMBERS
OF THE FIRE COMPANY.
  10.  A  PERSON  SHALL  NOT BE ELIGIBLE TO VOLUNTEER MEMBERSHIP IN MORE
THAN ONE FIRE COMPANY AT ONE TIME.
  11. THE PROVISIONS OF THIS SECTION SHALL NOT BE  DEEMED  TO  AUTHORIZE
THE  ELECTION OF ANY PERSON AS A MEMBER OF A FIRE COMPANY OR THE CONTIN-
UANCE OF MEMBERSHIP IN A FIRE COMPANY AS PROVIDED  IN  THIS  SECTION  IF
SUCH  ELECTION  OR  CONTINUANCE  OF  MEMBERSHIP SHALL BE CONTRARY TO THE
BY-LAWS, RULES OR REGULATIONS OF THE FIRE COMPANY OR OF THE FIRE DEPART-
MENT OF THE TOWN.
  12. A TOWN MAY NOT ADOPT A LOCAL LAW CHANGING, AMENDING OR SUPERSEDING
THIS SECTION.

S. 1492                             5

  13. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY VOLUN-
TEER FIRE DEPARTMENT OR FIRE COMPANY,  THROUGH  ANY  MEMBER  OR  MEMBERS
THEREOF,  OFFICERS,  TOWN  BOARD OR OTHER BODY OR OFFICE HAVING POWER OF
APPOINTMENT OF VOLUNTEER FIREFIGHTERS IN ANY  FIRE  DEPARTMENT  OR  FIRE
COMPANY  PURSUANT  TO  THIS  SECTION, BECAUSE OF THE RACE, CREED, COLOR,
NATIONAL ORIGIN, SEX OR MARITAL STATUS OF ANY INDIVIDUAL, TO EXCLUDE  OR
TO  EXPEL FROM ITS VOLUNTEER MEMBERSHIP SUCH INDIVIDUAL, OR TO DISCRIMI-
NATE AGAINST ANY OF ITS MEMBERS  BECAUSE  OF  THE  RACE,  CREED,  COLOR,
NATIONAL ORIGIN, SEX OR MARITAL STATUS OF SUCH VOLUNTEER MEMBERS.
  (B)  ANY PERSON CLAIMING TO BE AGGRIEVED BY AN UNLAWFUL DISCRIMINATORY
PRACTICE PURSUANT TO THIS SECTION MAY BY HIMSELF OR HERSELF  OR  HIS  OR
HER ATTORNEY AT LAW MAKE, SIGN AND FILE WITH THE STATE DIVISION OF HUMAN
RIGHTS,  A  VERIFIED  COMPLAINT WHICH SHALL SET FORTH THE PARTICULARS OF
THE ALLEGED UNLAWFUL DISCRIMINATORY  PRACTICE  AND  CONTAIN  SUCH  OTHER
INFORMATION  AS  THE  DIVISION OF HUMAN RIGHTS MAY REQUIRE. THE DIVISION
SHALL THEREUPON CAUSE TO BE MADE AN INVESTIGATION AND DISPOSITION OF THE
CHARGES PURSUANT TO THE PROVISIONS OF ARTICLE FIFTEEN OF  THE  EXECUTIVE
LAW.
  14.  A  PERSON WHO HAS BEEN CONVICTED OF ARSON IN ANY DEGREE 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 OR SHE IS CONVICTED OF ARSON IN  ANY  DEGREE
WHILE A MEMBER OF A FIRE COMPANY.
  15.  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.
  S  165. INCORPORATION OF FIRE DEPARTMENT. THE MEMBERS OF ALL THE FIRE,
HOSE, PROTECTIVE AND HOOK AND LADDER COMPANIES OF A TOWN, ORGANIZED  AND
MAINTAINED  IN PURSUANCE OF LAW, CONSTITUTE A CORPORATION BY THE NAME OF
THE "FIRE DEPARTMENT OF.........." THE TERM, FIRE DEPARTMENT OF A  TOWN,
AS USED IN THIS CHAPTER, REFERS TO SUCH A CORPORATION.
  S  166.  ELECTION  OF  COMPANY  OFFICERS  AND DELEGATES.   EACH OF THE
SEVERAL COMPANIES WHOSE MEMBERS CONSTITUTE THE FIRE  DEPARTMENT  OF  THE
TOWN  SHALL HOLD AN ANNUAL MEETING ON THE FIRST TUESDAY IN APRIL IN EACH
YEAR. AT SUCH MEETING THE MEMBERS OF EACH COMPANY SHALL ELECT BY  BALLOT
FROM THEIR OWN NUMBER A CAPTAIN AND A LIEUTENANT, AND SUCH FURTHER OFFI-
CERS  IF  ANY  AS MAY BE PROVIDED FOR IN THE BY-LAWS OF THE COMPANY, WHO
MUST BE APPROVED BY THE TOWN, ONE WARDEN AND ONE DELEGATE TO THE GENERAL
CONVENTION OF THE FIRE DEPARTMENT. THE TERMS OF OFFICE  OF  THE  CAPTAIN
AND  LIEUTENANT  AND  SUCH  FURTHER  OFFICERS  IF ANY, AS ARE ELECTED AS
PROVIDED IN THIS SECTION, SHALL BE ONE YEAR, THE WARDENS TWO YEARS,  AND
THE  DELEGATES THREE YEARS, RESPECTIVELY, AND ANY VACANCIES OCCURRING IN
ANY SUCH OFFICES SHALL BE FILLED BY ELECTION  IN  LIKE  MANNER.  AT  THE
FIRST  ANNUAL  MEETING  AFTER  THIS ARTICLE TAKES EFFECT TWO WARDENS AND
THREE DELEGATES SHALL BE ELECTED, THE WARDENS TO SERVE FOR ONE  AND  TWO
YEARS,  RESPECTIVELY,  AND  THE  DELEGATES FOR ONE, TWO AND THREE YEARS,
RESPECTIVELY. ANY PERSON WHO HAS BEEN CONVICTED OF ARSON IN  ANY  DEGREE
SHALL NOT BE ELIGIBLE FOR ELECTION TO THE OFFICE OF CAPTAIN, LIEUTENANT,
WARDEN,  DELEGATE  AND  ANY OTHER OFFICES PROVIDED FOR IN THE BY-LAWS OF
THE COMPANY. ANY CAPTAIN, LIEUTENANT, WARDEN, DELEGATE OR OTHER  OFFICER
OF  THE  COMPANY WHO IS CONVICTED OF ARSON IN ANY DEGREE DURING HIS TERM
OF OFFICE SHALL BE DISQUALIFIED FROM COMPLETING SUCH TERM OF OFFICE.
  S 167. CHIEF AND ASSISTANT CHIEFS. THE CHIEF AND THE FIRST AND  SECOND
ASSISTANT CHIEFS AND SUCH ADDITIONAL ASSISTANT CHIEFS, IF ANY, AS MAY BE

S. 1492                             6

PROVIDED  FOR  IN  THE  BY-LAWS  OF  THE FIRE DEPARTMENT SHALL EACH BE A
MEMBER THEREOF AND A RESIDENT OF THE STATE OF NEW YORK. IN ADDITION, THE
TOWN BOARD MAY, BY RESOLUTION, REQUIRE THAT ANY  OR  ALL  OF  SUCH  FIRE
DEPARTMENT  OFFICERS  SHALL  BE  RESIDENTS  OF  THE  TOWN. THE DELEGATES
ELECTED TO THE GENERAL CONVENTION OF THE FIRE DEPARTMENT SHALL  MEET  AT
THE  COUNCIL ROOM THEREOF ON THE THURSDAY FOLLOWING THE FIRST TUESDAY IN
APRIL AND NOMINATE A PERSON FOR EACH OF SUCH OFFICES; BUT THE TOWN BOARD
MAY ADOPT A RULE REQUIRING ALL SUCH NOMINATIONS TO BE MADE ON  THAT  DAY
BY A VOTE OF THE DULY QUALIFIED MEMBERS OF THE DEPARTMENT, IN WHICH CASE
THE  MEETING  OF THE DELEGATES IN GENERAL CONVENTION, AS PROVIDED FOR IN
THIS SECTION, SHALL BE DISPENSED WITH. THE PERSON ACTING AS SECRETARY OF
SUCH CONVENTION SHALL FORTHWITH FILE IN THE OFFICE OF THE TOWN  CLERK  A
CERTIFICATE  OF  SUCH  NOMINATIONS.  THE  TOWN BOARD AT ITS NEXT MEETING
SHALL CONSIDER THE NOMINATIONS AND APPOINT SUCH PERSONS TO  THE  OFFICES
TO  WHICH  THEY  ARE  RESPECTIVELY  NOMINATED OR, IF A NOMINATION IS NOT
APPROVED THE BOARD SHALL RECONVENE THE GENERAL CONVENTION,  WHICH  SHALL
SUBMIT  A  NEW  NOMINATION  TO  TAKE  THE  PLACE  OF  ANY NOMINATION NOT
APPROVED, WHICH PROCEDURE SHALL CONTINUE UNTIL A FULL SET OF OFFICERS IS
APPROVED. A PERSON WHO HAS BEEN CONVICTED OF ARSON IN ANY  DEGREE  SHALL
NOT BE ELIGIBLE FOR NOMINATION, ELECTION OR APPOINTMENT TO THE OFFICE OF
CHIEF  OR  ASSISTANT  CHIEF.  ANY  FIRE  CHIEF OR ASSISTANT CHIEF WHO IS
CONVICTED OF ARSON IN ANY DEGREE DURING HIS OR HER TERM OF OFFICE  SHALL
BE DISQUALIFIED FROM COMPLETING SUCH TERM OF OFFICE.
  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL LAW
INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION,  ANY  SUCH  CHIEF  OR
ASSISTANT  CHIEF OF A TOWN FIRE DEPARTMENT NEED NOT BE A RESIDENT OF THE
TOWN IN ORDER TO SERVE AS A MEMBER OF THE COUNCIL OF THE FIRE DEPARTMENT
OF THE TOWN PURSUANT TO THIS ARTICLE  UNLESS  THE  TOWN  BOARD  HAS,  BY
RESOLUTION,  AS  PROVIDED  IN  THIS SECTION, REQUIRED THAT ANY OR ALL OF
SUCH FIRE DEPARTMENT OFFICERS SHALL BE RESIDENTS OF THE TOWN.  EXCEPT AS
OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH, A PERSON SHALL  NOT  HOLD
THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN BOARD AND THE OFFICE
OF  CHIEF OR ASSISTANT CHIEF OF A TOWN FIRE DEPARTMENT AT THE SAME TIME.
A MEMBER OF THE TOWN BOARD WHO DOES NOT, EITHER AS AN INDIVIDUAL OR AS A
MEMBER OF SUCH BOARD, APPOINT OR APPROVE THE APPOINTMENT OF THE CHIEF OR
ASSISTANT CHIEF OF A TOWN FIRE DEPARTMENT, MAY HOLD THE OFFICE OF  CHIEF
OR  ASSISTANT  CHIEF  AT THE SAME TIME. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, A PERSON WHO IS THE CHIEF OR AN ASSISTANT CHIEF  OF  A
TOWN  FIRE  DEPARTMENT,  IF  HE  OR  SHE  IS OTHERWISE QUALIFIED, MAY BE
ELECTED TO THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN BOARD  OR
MAY  BE APPOINTED TO THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN
BOARD TO FILL A VACANCY AND, IF HE OR SHE IS SO  ELECTED  OR  APPOINTED,
HIS OR HER OFFICE AS CHIEF OR ASSISTANT CHIEF, AS THE CASE MAY BE, SHALL
BECOME  VACANT  UPON HIS OR HER TAKING HIS OR HER OATH OF OFFICE AS TOWN
SUPERVISOR OR MEMBER OF THE TOWN BOARD.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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