STATE OF NEW YORK ________________________________________________________________________ 7942 2017-2018 Regular Sessions IN ASSEMBLY May 22, 2017 ___________ 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 firefighters who are members of a fire company or department of anoth- er state to provide assistance to volunteer fire companies or depart- ments in this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 209-i of the general municipal law is amended by 2 adding a new subdivision 1-c to read as follows: 3 1-c. A member of a fire company or department of another state who is 4 regularly in an area served by a volunteer fire company or fire depart- 5 ment may volunteer their services on an on-going basis to such fire 6 company or fire department for the purpose of assisting such company or 7 department's general or emergency ambulance services, or for the purpose 8 of assisting such fire company or fire department at a fire or other 9 emergency scene or for the purpose of training with such fire company or 10 fire department, provided that such company or department is authorized 11 to accept such services by the governing body of the city or the 12 village, the board of fire commissioners or other governing board of the 13 fire district, or the town board of the town in relation to (a) the fire 14 companies serving territory outside villages and fire districts or (b) a 15 town fire department, as the case may be. Upon application by an out-of- 16 state firefighter, a fire company or fire department shall determine 17 whether such out-of-state firefighter meets state and local requirements 18 for active members of their company or department, including, but not 19 limited to, compliance with a background check pursuant to section eight 20 hundred thirty-seven-o of the executive law, and whether such out-of- 21 state firefighter is in good standing with the fire company or depart- 22 ment in which they normally serve. If a volunteer fire company or fire 23 department accepts the services of such an out-of-state firefighter, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10957-03-7A. 7942 2 1 such firefighter shall be entitled to all powers, rights, privileges and 2 immunities granted by law to volunteer firefighters during the time such 3 services are rendered, in the same manner and to the same extent as if 4 such firefighter were a volunteer member of the fire company or fire 5 department being assisted, including benefits under the volunteer fire- 6 fighters' benefit law, provided, however, such firefighter shall not be 7 eligible to participate in a service award program as authorized by 8 articles eleven-A and eleven-AAAA of this chapter nor shall such fire- 9 fighter be eligible for coverage under section eleven-c of the volunteer 10 firefighters' benefit law relating to diseases of the lung and section 11 sixty-one of the volunteer firefighters' benefit law relating to disease 12 or malfunction of heart or coronary arteries and any other presumptive 13 coverage for impairment of health or death. Upon acceptance of such 14 out-of-state firefighter to a fire company or fire department, such 15 company or department shall provide to the applicant, and the applicant 16 shall acknowledge receipt of, the following written statement: "If a 17 volunteer fire company or fire department accepts the services of a 18 firefighter who is a member of a fire department or a company of another 19 state, such firefighter shall be entitled to all powers, rights, privi- 20 leges and immunities granted by law to volunteer firefighters during the 21 time such services are rendered, in the same manner and to the same 22 extent as if such firefighter were a volunteer member of the fire compa- 23 ny or fire department being assisted, including benefits under the 24 volunteer firefighters' benefit law, provided, however, such firefighter 25 shall not be eligible to participate in a service award program as 26 authorized by articles 11-A and 11-AAAA of the general municipal law, 27 nor shall such firefighters be eligible for coverage under section 28 eleven-c of the volunteer firefighters' benefit law, relating to 29 diseases of the lung, and section 61 of the volunteer firefighters' 30 benefit law, relating to disease or malfunction of heart or coronary 31 arteries, and any other presumptive coverage for impairment of health or 32 death." 33 § 2. This act shall take effect immediately.