Bill Text: NY A10438 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the determination of points for service award programs for volunteer firefighters and volunteer ambulance workers during a state disaster emergency.

Spectrum: Moderate Partisan Bill (Democrat 29-5)

Status: (Passed) 2020-06-17 - SIGNED CHAP.113 [A10438 Detail]

Download: New_York-2019-A10438-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10438

                   IN ASSEMBLY

                                      May 11, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Thiele,
          Stern) -- read once and referred to the Committee on Local Governments

        AN ACT to amend the general municipal law, in relation to  the  determi-
          nation of points for service award programs for volunteer firefighters
          and  volunteer ambulance workers during a state disaster emergency and
          authorizing service award program sponsors  to  adjust  certain  point
          systems when such sponsor adopts written emergency response protocols

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 217 of the general  municipal  law  is  amended  by
     2  adding two new subdivisions (p) and (q) to read as follows:
     3    (p)  For  purposes  of  determining total points earned for a calendar
     4  year, an active volunteer firefighter service award program may  provide
     5  for  the  crediting  of  five  additional points per month, prorated for
     6  periods of less than one month, to  each  active  participant  for  each
     7  month  that  special  emergency response rules were in place restricting
     8  firefighter responses to  emergency  responses  and/or  restricting  the
     9  holding of activities for which points could be earned due to guidelines
    10  related  to  a  state  disaster  emergency,  as  such term is defined in
    11  section twenty of the executive  law,  declared  pursuant  to  executive
    12  order two hundred two of two thousand twenty, as amended, to address the
    13  outbreak of novel coronavirus, COVID-19.
    14    (q) The program sponsor may make adjustments to the point system cate-
    15  gory  entitled "participation in department responses" in the event that
    16  such program sponsor adopts written emergency response protocols setting
    17  different emergency response requirements for the fire department,  fire
    18  companies,  squads  and units thereof such that certain participants are
    19  not permitted to respond and restricted from responding to all non-emer-
    20  gency rescue and first aid squad calls and/or all emergency  rescue  and
    21  first  aid  squad  calls.  Such  restrictions  on response may relate to
    22  determinations made by the district physician as to the duties that  may
    23  be  assigned to certain personnel. In the event that the program sponsor
    24  adopts different response requirements  for  different  groups,  partic-
    25  ipants  in  those  groups  shall  be  required to respond to the minimum

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16211-05-0

        A. 10438                            2

     1  number of emergency calls  assigned  to  their  group  by  applying  the
     2  percentage  provided  for  in  paragraph (vi) of subdivision (c) of this
     3  section. Notwithstanding the provisions of section two  hundred  sixteen
     4  of  this  article, a point system amendment to address written emergency
     5  response protocols may be adopted by the affirmative vote  of  at  least
     6  sixty  percent  of such governing board, without referendum. Such amend-
     7  ment shall only take effect as of the first day of January next succeed-
     8  ing completion of the proceedings required for adoption of the amendment
     9  and shall only apply prospectively  unless  the  new  written  emergency
    10  response  protocol is adopted in order to address a state disaster emer-
    11  gency, as such term is defined in section twenty of the  executive  law,
    12  and  applicable  to  the county or counties in which the fire department
    13  operates, in which case such  amendment  may  be  applied  in  the  year
    14  adopted.
    15    §  2.  Subdivision  3 of section 219-e of the general municipal law is
    16  amended by adding a new paragraph (k) to read as follows:
    17    (k) For purposes of determining total points  earned  for  a  calendar
    18  year  an active volunteer ambulance worker award program may provide for
    19  the crediting of five additional points per month, prorated for  periods
    20  of  less  than one month, to each active participant for each month that
    21  special emergency response rules were  in  place  restricting  ambulance
    22  workers  responses to emergency responses and/or restricting the holding
    23  of activities for which points could be earned due to guidelines related
    24  to the state disaster emergency, as such  term  is  defined  in  section
    25  twenty  of  the  executive law, declared pursuant to executive order two
    26  hundred two of two thousand twenty, as amended, to address the  outbreak
    27  of novel coronavirus, COVID-19.
    28    §  3.  Subdivision  3 of section 219-m of the general municipal law is
    29  amended by adding a new paragraph (k) to read as follows:
    30    (k) For purposes of determining total points  earned  for  a  calendar
    31  year  an active volunteer ambulance worker award program may provide for
    32  the crediting of five additional points per month, prorated for  periods
    33  of  less  than one month, to each active participant for each month that
    34  special emergency response rules were  in  place  restricting  ambulance
    35  workers  responses to emergency responses and/or restricting the holding
    36  of activities for which points could be earned due to guidelines related
    37  to the state disaster emergency, as such  term  is  defined  in  section
    38  twenty  of  the  executive law, declared pursuant to executive order two
    39  hundred two of two thousand twenty, as amended, to address the  outbreak
    40  of novel coronavirus, COVID-19.
    41    § 4. This act shall take effect immediately.
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