senate Bill S4655

Vetoed

Provides that firefighters who die in the line of duty have their names inscribed on the New York state fallen firefighter memorial

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 14 / Apr / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2011
    • REPORTED AND COMMITTED TO RULES
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1192
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 17 / Jun / 2011
    • SUBSTITUTED FOR A5933
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.400
  • 17 / Jun / 2011
    • PASSED ASSEMBLY
  • 17 / Jun / 2011
    • RETURNED TO SENATE
  • 21 / Dec / 2011
    • DELIVERED TO GOVERNOR
  • 02 / Jan / 2012
    • VETOED MEMO.85

Summary

Provides that volunteer firefighters who die or have died in the line of duty, as determined by an authoritative agency, have their names inscribed on the New York state fallen firefighter memorial.

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Bill Details

See Assembly Version of this Bill:
A5933
Versions:
S4655
Legislative Cycle:
2011-2012
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd ยง7, Vol Ffs Ben L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S8450, A10836A
2007-2008: A9490A, A9490A

Sponsor Memo

BILL NUMBER:S4655

TITLE OF BILL:
An act
to amend the volunteer firefighters' benefit law, in relation to the New
York state fallen firefighter memorial

PURPOSE OR GENERAL IDEA OF BILL:
To include all firefighters whose
death resulted from services performed in the line of duty to be
inscribed on the memorial at the Capitol Mall in Albany

SUMMARY OF SPECIFIC PROVISIONS:
See Bill.

JUSTIFICATION:
Before its inception in 1995, the operation and mission
of the Fallen Firefighters Memorial was decided through an extensive
collaboration between the Executive branch and firefighters from
across the state, including paid and non-paid.

It was decided then, under Governor George Pataki, that any
firefighter despite receiving a salary or not, deserved to be
recognized and remembered by having their name inscribed on the wall
in New York state's capital.

It was decided on April 30, 1998, by James McGowan (a retired PUNY
lieutenant), Gunnar Nielsen, (who at the time was president of the
Firemen's Association of the State of New York), and Governor Pataki
that the criterion was to be as follows:

1. The person must be a bona fide member of a recognized Fire
protection Prevention organization.

2. The person must be engaged in a "line of duty" activity.

3. The death must be a direct and proximate result of the line of duty
injury.

First, Paul Brady was a bona fide member for six years of the Malverne
Fire Department. According to New York State law and Federal law,
Paul Brady was engaged in line-of-duty activity. He was engaged in
"testing fire apparatus and equipment, fire alarm systems, water
supply systems and fire cisterns" as is defined as "line of duty"
in New York State law.

According to the United States Fire Administration, through PENA and
federal law, Paul Brady was engaged in "in-station duties" and is
therefore classified under "other-on-duty status" and therefore was
included on the United States Fallen Firefighters Memorial in
Emmitsburu, Maryland.

Under the State of New York's Worker's Compensation Board Paul Brady
"had an injury in the line of duty as a volunteer firefighter which
resulted in death."


Routine maintenance is done to keep the oxygen tanks full, the Jaws of
Life charged and the fire truck running as efficiently as possible.
If anything, Firefighter Brady's tragic death only proves the point
that every task, no matter how routine it may seem, is an act of
dedication.

The Fallen Firefighters Memorial is a source of pride and honor for
every firefighter in our state. The annual October ceremony draws
firefighters from every company in New York. In gathering together to
recognize those who made the ultimate sacrifice, the ceremony and the
Memorial become a source of healing.

PRIOR LEGISLATIVE HISTORY:
2009/2010 - S.8450 - Referred to Rules
S.6628 - Referred to Local Government

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4655

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  the New York state fallen firefighter memorial

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7 of the volunteer  firefighters'  benefit  law  is
amended by adding a new subdivision 47 to read as follows:
  47.  IN  THE CASE OF A DEATH OF A VOLUNTEER FIREFIGHTER, REGARDLESS OF
WHETHER SUCH DEATH OCCURRED BEFORE, ON OR AFTER THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION,  THAT  RESULTS FROM SERVICES PERFORMED IN THE LINE OF
DUTY, AS DETERMINED BY AN AUTHORITATIVE AGENCY INCLUDING, BUT NOT LIMIT-
ED TO, THE  WORKERS'  COMPENSATION  BOARD,  THE  FEDERAL  DEPARTMENT  OF
JUSTICE,  THE  OFFICE OF FIRE PREVENTION AND CONTROL OR PURSUANT TO THIS
CHAPTER, THE NAME OF THAT FIREFIGHTER SHALL BE INSCRIBED  UPON  THE  NEW
YORK STATE FALLEN FIREFIGHTER MEMORIAL ON THE CAPITOL MALL IN ALBANY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04215-01-1

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