Relates to exempting certain fire department officers of the Village of Hancock fire department from a New York state residency requirement; provides that chief, first and second assistant chiefs and any additional chiefs of the fire department of the village of Hancock need not be a resident of the state of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4039
SPONSOR: Angelino TITLE OF BILL:
An act to amend the village law, in relation to exempting fire depart-
ment officers of the Village of Hancock fire department from a New York
state residency requirement
PURPOSE OR GENERAL IDEA OF BILL:
Relates to exempting certain fire department officers of the Village of
Hancock fire department from a New York state residency requirement
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 10-1012 of the village law, as
amended by chapter 481 of the laws of 2015 is amended:
1. The chief and the first and second assistant chiefs and such addi-
tional assistant chiefs, if any, as may be 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; provided, however, that fire department officers
of the fire department of the village of Hancock, Delaware county, need
not be residents of the state of New York.
JUSTIFICATION:
The Village of Hancock Fire Department is contracted to protect portions
of two townships in the state of Pennsylvania (Buckingham and Scott).
Hancock is situated at the junction of the East and West Branch of the
Delaware River and borders Pennsylvania. Due to the population and
location, the Village of Hancock Fire Department currently has members
that live in Pennsylvania that are qualified to be promoted as Chief or
Assistant Chief but due to Village Law 10-1012 that requires the Chief,
1st & 2nd Assistant Chiefs or any additional Assistant Chiefs they must
reside in the state of New York. This legislation, per the request of
the Hancock Fire Department, would amend the village law, and exempt
fire department officers of the Village of Hancock fire department from
a New York state residency requirement.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4039
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the village law, in relation to exempting fire depart-
ment officers of the Village of Hancock fire department from a New
York state residency requirement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 10-1012 of the village law, as
2 amended by chapter 481 of the laws of 2015, is amended to read as
3 follows:
4 1. The chief and the first and second assistant chiefs and such addi-
5 tional assistant chiefs, if any, as may be provided for in the by-laws
6 of the fire department shall each be a member thereof and a resident of
7 the state of New York; provided, however, that fire department officers
8 of the fire department of the village of Hancock, Delaware county, need
9 not be residents of the state of New York. In addition, the board of
10 trustees, or the board of fire commissioners subject to the approval of
11 the board of trustees, may, by resolution, require that any or all of
12 such fire department officers shall be residents of the village. The
13 delegates elected to the general convention of the fire department shall
14 meet at the council room thereof on the Thursday following the first
15 Tuesday in April, except the elected delegates of the fire department of
16 the village of Fishkill, Dutchess county, which shall meet on the first
17 Tuesday in December, and nominate a person for each of such offices; but
18 the fire commissioners of any village may adopt a rule requiring all
19 such nominations to be made on the day of the meeting by a vote of the
20 duly qualified members of the department, in which case the meeting of
21 the delegates in general convention, as provided for in this section,
22 shall be dispensed with. The person acting as secretary of such conven-
23 tion shall forthwith file in the office of the village clerk a certif-
24 icate of such nominations. The board of fire commissioners at its next
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02051-01-3
A. 4039 2
1 meeting shall consider the nominations and appoint such persons to the
2 offices to which they are respectively nominated or, if a nomination is
3 not approved the board shall reconvene the general convention, which
4 shall submit a new nomination to take the place of any nomination not
5 approved, which procedure shall continue until a full set of officers is
6 approved. A person who has been convicted of arson in any degree shall
7 not be eligible for nomination, election or appointment to the office of
8 chief or assistant chief. Any fire chief or assistant chief who is
9 convicted of arson in any degree during his term of office shall be
10 disqualified from completing such term of office.
11 § 2. This act shall take effect immediately.
