S T A T E O F N E W Y O R K
________________________________________________________________________
3396
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
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Introduced by M. of A. RABBITT, STEVENSON, RAIA, CROUCH, HAWLEY -- read
once and referred to the Committee on Local Governments
AN ACT to amend the town law and the general municipal law, in relation
to authorizing certain fire districts to offer certain benefits to
their volunteer firefighters subject to a mandatory referendum
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 18 of section 176 of the town law is amended by
2 adding a new paragraph 7-b to read as follows:
3 (7-B) THE PAYMENTS FOR PARTICIPATION IN DEPARTMENT DRILLS AND
4 RESPONSES MADE TO VOLUNTEER FIREFIGHTERS AND VOLUNTEER OFFICERS OF THE
5 FIRE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED EIGHTEEN-A OF THE GENER-
6 AL MUNICIPAL LAW,
7 S 2. The general municipal law is amended by adding a new section
8 218-a to read as follows:
9 S 218-A. PAYMENTS FOR PARTICIPATION IN DEPARTMENT DRILLS AND
10 RESPONSES. 1. UPON THE AFFIRMATIVE VOTE OF AT LEAST SIXTY PERCENT OF THE
11 GOVERNING BOARD OF A FIRE DISTRICT WHICH HAS ESTABLISHED A SERVICE AWARD
12 PROGRAM PURSUANT TO THIS ARTICLE, THERE SHALL BE HELD A MANDATORY REFER-
13 ENDUM OF THE ELIGIBLE VOTERS WITHIN SUCH FIRE DISTRICT TO DETERMINE
14 WHETHER SUCH GOVERNING BOARD SHALL AUTHORIZE PAYMENTS FOR PARTICIPATION
15 IN DEPARTMENT DRILLS AND RESPONSES PURSUANT TO THE PROVISIONS OF THIS
16 SECTION.
17 2. THE REFERENDUM DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
18 STATE THE MAXIMUM ANNUAL COST OF THE PAYMENTS AUTHORIZED, INCLUDING THE
19 ESTIMATED ANNUAL ADMINISTRATION COSTS AND THE MAXIMUM ANNUAL PAYMENT TO
20 A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER, PURSUANT TO THIS SECTION.
21 3. THE MAXIMUM ANNUAL COST TO A FIRE DISTRICT OF THE PAYMENTS AUTHOR-
22 IZED SHALL BE TWO HUNDRED FIFTY THOUSAND DOLLARS AND THE MAXIMUM ANNUAL
23 PAYMENT TO OR ON BEHALF OF A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER
24 SHALL BE SIX THOUSAND DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01362-01-3
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1 4. ONCE SUCH PAYMENTS HAVE BEEN AUTHORIZED, THE AUTHORIZATION MAY BE
2 ABOLISHED OR AMENDED IN THE SAME MANNER AS IT WAS APPROVED BY THE PROCE-
3 DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, BUT NO SUCH ABOLISH-
4 MENT OR AMENDMENT MAY BE EFFECTIVE PRIOR TO THE FIRST DAY OF THE CALEN-
5 DAR YEAR FOLLOWING SUCH AUTHORIZATION.
6 5. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO MEMBER OF THE
7 GOVERNING BOARD OF THE FIRE DISTRICT IS PROHIBITED, BY VIRTUE OF BEING A
8 MEMBER OF A VOLUNTEER FIRE COMPANY OR DEPARTMENT, FROM VOTING UPON A
9 RESOLUTION AUTHORIZING A REFERENDUM ON THE ESTABLISHMENT OF A SERVICE
10 AWARD PROGRAM IF MORE THAN FORTY PERCENT OF THE GOVERNING BOARD WOULD
11 OTHERWISE BE PROHIBITED FROM VOTING UPON SUCH RESOLUTION. ANY MEMBER OF
12 SUCH GOVERNING BOARD VOTING UPON SUCH RESOLUTION WHO SERVES AS A MEMBER
13 OF A VOLUNTEER FIRE COMPANY OR DEPARTMENT SHALL PUBLICLY DISCLOSE IN
14 WRITING TO THE GOVERNING BOARD SUCH STATUS. SUCH WRITTEN DISCLOSURE
15 SHALL BE PART OF AND SET FORTH IN THE OFFICIAL RECORD OF THE PROCEEDINGS
16 OF SUCH GOVERNING BOARD.
17 6. RECEIPT OF SUCH PAYMENTS SHALL NOT ALTER THE STATUS OF A PERSON AS
18 AN ACTIVE VOLUNTEER FIREFIGHTER UNDER THIS ARTICLE, OR AS A VOLUNTEER
19 FIREMAN PURSUANT TO SECTION THREE OF THE VOLUNTEER FIREFIGHTER'S BENEFIT
20 LAW, OR AS A VOLUNTEER FIREFIGHTER UNDER SECTION TWO HUNDRED FIVE-B OF
21 THIS CHAPTER, OR AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER FIRE OFFICER
22 UNDER ANY OTHER LAW OR REGULATION AND SUCH PERSONS SHALL NOT BE DEEMED
23 PAID FIREFIGHTERS BY VIRTUE OF RECEIPT OF SUCH PAYMENTS.
24 7. EACH ACTIVE VOLUNTEER FIREFIGHTER WHO IS A MEMBER OF A VOLUNTEER
25 FIRE COMPANY OR DEPARTMENT WITHIN A FIRE DISTRICT THAT HAS AUTHORIZED
26 PAYMENTS PURSUANT TO THIS SECTION, MAY ELECT TO RECEIVE SUCH PAYMENTS IN
27 LIEU OF BEING GRANTED CREDITS FOR DRILLS AND PARTICIPATION IN DEPARTMENT
28 RESPONSES AS WOULD OTHERWISE BE GRANTED PURSUANT TO SECTION TWO HUNDRED
29 SEVENTEEN OF THIS ARTICLE. A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER
30 SHALL BE PAID, SUBJECT TO ANY APPLICABLE WITHHOLDING TAXES, FIVE DOLLARS
31 FOR PARTICIPATING IN EACH QUALIFIED DRILL APPROVED BY THE CHIEF OF THE
32 DISTRICT OR HIS OR HER DESIGNEE AND FIVE DOLLARS FOR PARTICIPATING IN
33 ANY QUALIFIED EMERGENCY RESPONSE. A QUALIFIED DRILL MEANS ANY DRILL FOR
34 WHICH POINTS COULD BE GRANTED PURSUANT TO SUBDIVISION (C) OF SECTION TWO
35 HUNDRED SEVENTEEN OF THIS ARTICLE. A QUALIFIED EMERGENCY RESPONSE MEANS
36 ANY DEPARTMENT RESPONSE FOR WHICH POINTS COULD BE GRANTED PURSUANT TO
37 SUBDIVISION (C) OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
38 8. AN ELECTION BY AN ACTIVE VOLUNTEER FIREFIGHTER TO RECEIVE PAYMENTS
39 PURSUANT TO THIS SECTION, SHALL BE MADE IN WRITING ON A FORM APPROVED BY
40 THE BOARD OF THE FIRE DISTRICT AND SIGNED BY THE ACTIVE VOLUNTEER FIRE-
41 FIGHTER NOT MORE THAN SIXTY DAYS IMMEDIATELY PRECEDING THE COMMENCEMENT
42 OF THE CALENDAR YEAR, AND NOT DURING SUCH CALENDAR YEAR FOR WHICH
43 PAYMENTS UNDER THIS SECTION SHALL BE ELECTED IN LIEU OF CREDITS UNDER A
44 SERVICE AWARD PROGRAM. A TIMELY ELECTION SHALL BE MADE BY THE ACTIVE
45 VOLUNTEER FIREFIGHTER FOR EACH SUBSEQUENT CALENDAR YEAR. SUCH AN
46 ELECTION SHALL NOT BE REVOCABLE BY THE ACTIVE VOLUNTEER FIREFIGHTER
47 DURING AND WITH RESPECT TO THE CALENDAR YEAR FOR WHICH HE OR SHE HAS
48 ELECTED TO BE ELIGIBLE FOR PAYMENTS UNDER THIS SECTION.
49 9. A RECIPIENT OF ANY PAYMENTS, PURSUANT TO THIS SECTION, FOR A CALEN-
50 DAR YEAR SHALL NOT BE ELIGIBLE FOR ANY CREDITS FOR DRILLS OR FOR PARTIC-
51 IPATION IN DEPARTMENT RESPONSES FOR THAT CALENDAR YEAR.
52 10. THIS SECTION SHALL BE APPLICABLE ONLY TO FIRE DISTRICTS WITHIN THE
53 TOWN OF WALLKILL IN ORANGE COUNTY.
54 S 3. A fire district which has determined to provide payments for
55 participation in department drills and responses pursuant to section
56 218-a of the general municipal law, as added by section two of this act,
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1 shall cause an independent review of such payment program to be made on
2 or before March 1, 2016. Such report shall be furnished to the governor,
3 temporary president of the senate, the speaker of the assembly and the
4 office of fire prevention and control in the division of homeland secu-
5 rity and emergency services.
6 S 4. This act shall take effect immediately provided, however, that,
7 no payments authorized under section 218-a of the general municipal law,
8 as added by section two of this act, shall accrue on or after January 1,
9 2017.