BILL NUMBER: S7374

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the executive law, in relation to exempting fire police
squads from certain reporting requirements

 
PURPOSE OF THE BILL:

To amend the Executive Law to eliminate the requirement for Fire Compa-
nies and Fire Departments to report the names and information of persons
appointed as fire police.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new subdivision 6 to Executive Law § 845
to exempt fire police squads from the reporting requirements of the
Police Officer and Peace Officer Registry maintained by the Division of
Criminal Justice Services.

Section two of the bill provides for an immediate effective date.
              

 
EXISTING LAW:

Currently all peace officer employers must report and update identifying
information concerning every peace officer employed by such agency.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
STATEMENT IN SUPPORT:

General Municipal Law(GML) § 209-c authorizes fire departments and fire
companies to organize fire police squads composed of volunteer firemen
who are members of such departments or companies and provides that
members of fire police squads shall have the powers of and render
service as peace officers. GML § 209-c also exempts fire police squads
from the training requirements for peace officers when the members have
completed a fire police training program approved by the Office of Fire
Prevention and Control (OFPC). This course is required, monitored and
recorded by OFPC. Fire police are the only designation of peace officers
not required to reflect mandated basic training on the Central State
Registry of Peace Officers (Registry).  Fire police also are not among
the peace officer designations authorized to possess a firearm without a
license. Therefore, fire police are not subject to review by the New
York State Police when making firearm transactions. The Registry exists
to document peace officer training and to verify firearms purchases by
peace officers.  Since the training of fire police is not reported to
the Division and they are not subject to pistol purchase verifications,
no purpose is served by maintaining a list of fire police peace officers
at the Division.

Executive Law § 845 requires the Division to maintain the Registry. It
also requires the peace officer employer to report each Registry trans-
action as well as annually validate its roster. Currently, of the 2,343
agencies maintained on the Registry 1,190 are fire police squads. Thus,
more than 50% of the Registry is comprised of fire police squads requir-
ing a disproportionate amount of Division and local resources to main-
tain.

This amendment will improve the efficiency of state operations and
reduce state imposed local burdens on fire departments and companies
without compromising public safety.

 
BUDGET IMPLICATIONS:

None.