Senate Bill S6612

                                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shall not be published or in any way disclosed or redisclosed to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