Bill Text: NY A09388 | 2013-2014 | General Assembly | Introduced


Bill Title: Authorizes volunteer firefighters from other states to offer and provide their services to fire departments, districts and companies in this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-24 - referred to local governments [A09388 Detail]

Download: New_York-2013-A09388-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9388
                                 I N  A S S E M B L Y
                                    April 24, 2014
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Local Governments
       AN ACT to amend the general municipal law, in  relation  to  authorizing
         volunteer firefighters from other states to provide assistance to fire
         departments, companies and districts in this state
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1, 1-a and 3 of section 209-i of  the  general
    2  municipal  law,  subdivisions  1  and 3 as amended by chapter 967 of the
    3  laws of 1965 and subdivision 1-a as amended by chapter 354 of  the  laws
    4  of 1999, are amended to read as follows:
    5    1.  Whenever  a volunteer [fireman]FIREFIGHTER, WHETHER HE OR SHE IS A
    6  RESIDENT OF THIS STATE OR ANOTHER  STATE,  is  within  this  state,  but
    7  outside the area regularly served by the fire company or fire department
    8  of  which  he  OR  SHE  is a member and has knowledge of a fire or other
    9  emergency at or near the place where he OR SHE is for  the  time  being,
   10  such  volunteer  [fireman]  FIREFIGHTER  may  report  to  the officer in
   11  command of the paid or volunteer fire company or paid or volunteer  fire
   12  department, or in command of one of the paid or volunteer fire companies
   13  or  one of the paid or volunteer fire departments, engaged in the handl-
   14  ing of any such fire or other emergency and,  on  an  individual  basis,
   15  offer  his  OR  HER services to assist such fire company or fire depart-
   16  ment. After his OR HER services are so accepted, the volunteer [fireman]
   17  FIREFIGHTER shall then be entitled to all powers, rights, privileges and
   18  immunities granted by law to volunteer [firemen] FIREFIGHTERS during the
   19  time such services are rendered, in the same  manner  and  to  the  same
   20  extent  as  if  he OR SHE were a volunteer member of the fire company or
   21  fire department which he OR SHE is assisting, including  benefits  under
   22  the volunteer [firemen's] FIREFIGHTER'S benefit law. Any such commanding
   23  officer  shall  have  power,  in his OR HER discretion, to so accept the
   24  services of a volunteer [fireman]  FIREFIGHTER  unless  the  legislative
   25  body  of  the  city  or  the village, the board of fire commissioners or
   26  other governing board of the fire district, or the  town  board  of  the
   27  town  in  relation  to  (a) the fire companies serving territory outside
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06918-04-4
       A. 9388                             2
    1  villages and fire districts or (b) a town fire department, as  the  case
    2  may be, by resolution heretofore or hereafter adopted, has forbidden the
    3  acceptance  of  any  such  services  pursuant  to this section. Any such
    4  resolution  shall  continue  in  effect until amended or repealed by the
    5  adoption of a subsequent resolution. The officer in charge of  any  fire
    6  company or fire department shall be notified promptly of the adoption of
    7  any such resolution and of any amendment or repeal thereof.
    8    1-a. A volunteer firefighter WHO IS A RESIDENT OF THIS STATE OR ANOTH-
    9  ER  STATE  AND who, because of his OR HER residence or usual occupation,
   10  is regularly in the area served by a volunteer fire company  or  depart-
   11  ment  of  which he OR SHE is not a member may nevertheless volunteer his
   12  OR HER services on an on-going basis to the officer in  command  thereof
   13  to  assist  such  fire  company  or  fire  department for the purpose of
   14  assisting such company or department's general  or  emergency  ambulance
   15  services,  or  for  the  purpose  of assisting such fire company or fire
   16  department at a fire or other emergency scene  or  for  the  purpose  of
   17  training  with  such  fire  company or fire department. After his OR HER
   18  services are so accepted, the volunteer firefighter shall then be  enti-
   19  tled  to all powers, rights, privileges and immunities granted by law to
   20  volunteer firefighters during the time such services  are  rendered,  in
   21  the  same manner and to the same extent as if he OR SHE were a volunteer
   22  member of the fire company or fire department which he OR SHE is assist-
   23  ing, including benefits under the volunteer firefighters'  benefit  law.
   24  Any  such  commanding officer when authorized by the legislative body of
   25  the city or the village,  the  board  of  fire  commissioners  or  other
   26  governing  board  of the fire district, or the town board of the town in
   27  relation to (a) the fire companies serving  territory  outside  villages
   28  and  fire  districts  or (b) a town fire department, as the case may be,
   29  shall have power, in his discretion, to so  accept  the  services  of  a
   30  volunteer firefighter.
   31    3. As used in this section, the term "volunteer fireman" OR "VOLUNTEER
   32  FIREFIGHTER"  means  a  "volunteer  fireman"  as such term is defined in
   33  section three of the volunteer [firemen's] FIREFIGHTER'S benefit law  OR
   34  AS  SUCH TERM IS DEFINED IN THE STATE IN WHICH THE VOLUNTEER FIREFIGHTER
   35  RESIDES; the term "area regularly served" means the  home  area  of  the
   36  volunteer  fireman as described in subdivisions one, two, three, four or
   37  five of section thirty of the volunteer [firemen's] FIREFIGHTER'S  bene-
   38  fit  law  and, in addition, any other area served pursuant to a contract
   39  for fire protection, OR THE STATE IN  WHICH  THE  VOLUNTEER  FIREFIGHTER
   40  RESIDES,  and  the  terms  "fire  company"  and  "fire department" shall
   41  include emergency rescue and first aid squads or other squads  or  units
   42  of a fire company or fire department.
   43    S 2.  This act shall take effect immediately.
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