Bill Text: NY A08935 | 2013-2014 | General Assembly | Introduced

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Bill Title: Gives the state fire administrator the authority to waive certain membership requirements affecting non-residents who want to join the volunteer fire company.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-03 - referred to local governments [A08935 Detail]

Download: New_York-2013-A08935-Introduced.html

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                           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:
    1    Section  1.  Subdivision  7  of section 10-1006 of the village law, as
    2  amended by chapter 185 of the laws  of  1984,  is  amended  to  read  as
    3  follows:
    4    7.  (A) The membership of any volunteer fireman shall not be continued
    5  pursuant to subdivision five,  and  persons  shall  not  be  elected  to
    6  membership  pursuant to subdivision six, if, by so doing, the percentage
    7  of such non-resident members in the fire company would exceed forty-five
    8  per centum of the actual membership of the fire company.
    9    (B) UPON APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO  THE  STATE
   10  FIRE  ADMINISTRATOR,  THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
   11  SION SHALL BE WAIVED, PROVIDED THAT NO ADJACENT  FIRE  DISTRICT  OBJECTS
   12  WITHIN  SIXTY  DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER. ANY SUCH
   13  OBJECTION SHALL BE MADE IN  WRITING  TO  THE  STATE  FIRE  ADMINISTRATOR
   14  SETTING  FORTH  THE  REASONS SUCH WAIVER SHOULD NOT BE GRANTED. IN CASES
   15  WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL
   16  HAVE THE AUTHORITY TO GRANT A  WAIVER  UPON  CONSIDERATION  OF  (1)  THE
   17  DIFFICULTY  OF  THE FIRE COMPANY OR DISTRICT IN RETAINING AND RECRUITING
   18  ADEQUATE PERSONNEL; (2) ANY ALTERNATIVE  MEANS  AVAILABLE  TO  THE  FIRE
   19  COMPANY  OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT OF
   20  SUCH WAIVER ON ADJACENT FIRE DISTRICTS.
   21    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