senate Bill S6612

2013-2014 Legislative Session

Authorizes, in the discretion of a fire company, searches of the criminal history of volunteer firefighters to be conducted

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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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Feb 12, 2014 referred to finance

S6612 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L; amd §10-1006, Vil L; amd §176-b, Town L; amd §1402, N-PC L

S6612 - Bill Texts

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Authorizes, in the discretion of a fire company, searches of the criminal history of volunteer firefighters to be conducted.

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BILL NUMBER:S6612

TITLE OF BILL: An act to amend the executive law, the village law,
the town law and the not-for-profit corporation law, in relation to
authorizing searches of the criminal history information of volunteer
firefighters

PURPOSE: To authorize in the discretion of a fire company, searches of
the criminal history of volunteer firefighters to be conducted.

SUMMARY OF PROVISIONS:

Section One - amends an act of criminal history information of
volunteer firefighters by adding a new section 837-s. 1. For the
purposes of this section, "criminal history information" shall mean a
record of all convictions of crimes and any pending criminal charges
maintained on an individual by the division. 2. Any person 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 of another fire company, may be requested by the
fire company he or she seeks to join to provide two sets of
fingerprints if such fire company, in its discretion, elects to obtain
the criminal history information of the applicant. The chief of the
fire company to which the application is made shall provide written
notice to the applicant that such information may be sought from the
division, and that the applicant may decline to provide his or her
fingerprints. 3. Upon receipt of an applicant's fingerprints taken
pursuant to subdivision one of this section, the fire company shall
promptly submit such fingerprints and the prescribed processing fee,
as set forth in subdivision eight-a of section eight hundred
thirty-seven of this article, to the division. The division shall
compare such fingerprints against its records and upon request of the
fire company shall forward a set of such fingerprints to the Federal
Bureau of Investigations with a request that such bureau's files be
searched and notification of the results of search and report thereon
shall be made. The division shall forward such criminal history
information report to the fire company in a timely manner. All such
reports processed and sent to a fire company pursuant to this section
shall not be published or in any way disclosed or redisclosed to
persons other than the chief of the fire company or the applicant. Any
person who discloses or rediscloses such reports in violation of the
subdivision is guilty of a class A misdemeanor. 4. The commissioner
shall promulgate all rules and regulations necessary to implement the
provisions of this section.

Section Two - amends the village law by adding a new subdivision 20 by
stating upon application by any person for membership in a fire
company operating pursuant to this section, the fire chief may elect
to cause the applicant's criminal history information to be checked
pursuant to section eight hundred thirty-seven-s of the executive law.

Section Three - amends the town law by adding a new subdivision 18 by
stating upon application by any person for membership in a fire
company operating pursuant to this section, the fire chief may elect
to cause the applicant's criminal history information to be checked
pursuant to section eight hundred thirty-seven-s of the executive law.


Section Four - amends the not-for-profit corporation law section 1402
of corporation law by adding a new subparagraph 6 stating an
application by any person for membership in a fire corporation
operating pursuant to this section, the fire chief may elect to cause
the applicant's criminal history information to be checked pursuant to
section eight hundred thirty-seven-s of the executive law.

Section Five - This act shall take effect on the one hundred eightieth
day after it shall have become a law and shall apply to convictions
entered into on or after such effective date; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed by
the division of criminal justice services and the department of state
on or before such effective date.

JUSTIFICATION: This act would allow for a criminal background check on
potential volunteer firefighters before being allowed to joining the
fire company in a village, town or not-for-profit corporations. This
process is imperative to the companies and corporations in knowing the
criminal background of any potential volunteer that may apply to
ensure the safety of the company or corporation. For any job that is
non-volunteer a question on any criminal past is present on the
application and it should be no different for a voluntary position,
and being there is no application to provide such information, taking
a fingerprint to check the criminal history of a potential worker is
necessary.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: Not yet determined

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law

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

                                  6612

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, the village law, the town law and the
  not-for-profit corporation law, in relation to authorizing searches of
  the criminal history information of volunteer firefighters

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

  Section  1. The executive law is amended by adding a new section 837-s
to read as follows:
  S 837-S. CRIMINAL HISTORY INFORMATION OF VOLUNTEER FIREFIGHTERS.    1.
FOR  THE  PURPOSES OF THIS SECTION, "CRIMINAL HISTORY INFORMATION" SHALL
MEAN A RECORD OF ALL CONVICTIONS OF  CRIMES  AND  ANY  PENDING  CRIMINAL
CHARGES MAINTAINED ON AN INDIVIDUAL BY THE DIVISION.
  2.  ANY  PERSON  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 OF ANOTHER FIRE COMPANY, MAY
BE REQUESTED BY THE FIRE COMPANY HE OR SHE SEEKS TO JOIN TO PROVIDE  TWO
SETS  OF FINGERPRINTS IF SUCH FIRE COMPANY, IN ITS DISCRETION, ELECTS TO
OBTAIN THE CRIMINAL HISTORY INFORMATION OF THE APPLICANT. THE  CHIEF  OF
THE  FIRE COMPANY TO WHICH THE APPLICATION IS MADE SHALL PROVIDE WRITTEN
NOTICE TO THE APPLICANT THAT SUCH INFORMATION MAY  BE  SOUGHT  FROM  THE
DIVISION, AND THAT THE APPLICANT MAY DECLINE TO PROVIDE HIS OR HER FING-
ERPRINTS.
  3.  UPON  RECEIPT  OF  AN  APPLICANT'S  FINGERPRINTS TAKEN PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE FIRE COMPANY SHALL PROMPTLY  SUBMIT
SUCH  FINGERPRINTS  AND  THE  PRESCRIBED PROCESSING FEE, AS SET FORTH IN
SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS  ARTI-
CLE,  TO  THE  DIVISION.  THE  DIVISION  SHALL COMPARE SUCH FINGERPRINTS
AGAINST ITS RECORDS AND UPON REQUEST OF THE FIRE COMPANY SHALL FORWARD A
SET OF SUCH FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION  WITH  A
REQUEST  THAT  SUCH  BUREAU'S  FILES BE SEARCHED AND NOTIFICATION OF THE
RESULTS OF SUCH SEARCH AND REPORT THEREON SHALL BE  MADE.  THE  DIVISION
SHALL  FORWARD  SUCH  CRIMINAL  HISTORY  INFORMATION  REPORT TO THE FIRE
COMPANY IN A TIMELY MANNER. ALL SUCH REPORTS PROCESSED  AND  SENT  TO  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13936-01-4

S. 6612                             2

FIRE  COMPANY  PURSUANT TO THIS SECTION SHALL NOT BE PUBLISHED OR IN ANY
WAY DISCLOSED OR REDISCLOSED TO PERSONS OTHER THAN THE CHIEF OF THE FIRE
COMPANY OR THE APPLICANT. ANY PERSON WHO DISCLOSES OR  REDISCLOSES  SUCH
REPORTS  IN  VIOLATION OF THIS SUBDIVISION IS GUILTY OF A CLASS A MISDE-
MEANOR.
  4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  Section  10-1006  of the village law is amended by adding a new
subdivision 20 to read as follows:
  20. UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN  A  FIRE  COMPANY
OPERATING  PURSUANT  TO  THIS SECTION, THE FIRE CHIEF MAY ELECT TO CAUSE
THE APPLICANT'S CRIMINAL HISTORY INFORMATION TO BE CHECKED  PURSUANT  TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.
  S 3. Section 176-b of the town law is amended by adding a new subdivi-
sion 18 to read as follows:
  18.  UPON  APPLICATION  BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY
OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF MAY  ELECT  TO  CAUSE
THE  APPLICANT'S  CRIMINAL HISTORY INFORMATION TO BE CHECKED PURSUANT TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.
  S 4. Paragraph (c) of section 1402 of the  not-for-profit  corporation
law is amended by adding a new subparagraph 6 to read as follows:
  (6)  UPON  APPLICATION  BY  ANY PERSON FOR MEMBERSHIP IN A FIRE CORPO-
RATION OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF MAY  ELECT  TO
CAUSE  THE APPLICANT'S CRIMINAL HISTORY INFORMATION TO BE CHECKED PURSU-
ANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to convictions  entered  into
on or after such effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and  completed  by  the  division  of
criminal  justice services and the department of state on or before such
effective date.

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