S T A T E O F N E W Y O R K
________________________________________________________________________
8935
I N A S S E M B L Y
March 3, 2014
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the village law, in relation to the authority of the
state fire administrator to grant a waiver for the election of non-re-
sident members in the fire company
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 10-1006 of the village law, as
amended by chapter 185 of the laws of 1984, is amended to read as
follows:
7. (A) The membership of any volunteer fireman shall not be continued
pursuant to subdivision five, and persons shall not be elected to
membership pursuant to subdivision six, 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.
(B) UPON APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO THE STATE
FIRE ADMINISTRATOR, THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL BE WAIVED, PROVIDED THAT NO ADJACENT FIRE DISTRICT OBJECTS
WITHIN SIXTY DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER. ANY SUCH
OBJECTION SHALL BE MADE IN WRITING TO THE STATE FIRE ADMINISTRATOR
SETTING FORTH THE REASONS SUCH WAIVER SHOULD NOT BE GRANTED. IN CASES
WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL
HAVE THE AUTHORITY TO GRANT A WAIVER UPON CONSIDERATION OF (1) THE
DIFFICULTY OF THE FIRE COMPANY OR DISTRICT IN RETAINING AND RECRUITING
ADEQUATE PERSONNEL; (2) ANY ALTERNATIVE MEANS AVAILABLE TO THE FIRE
COMPANY OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT OF
SUCH WAIVER ON ADJACENT FIRE DISTRICTS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13418-01-4