S T A T E O F N E W Y O R K
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10079--A
I N A S S E M B L Y
March 3, 2010
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Introduced by M. of A. RABBITT -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
Section 1. Subdivision 18 of section 176 of the town law is amended by
adding a new paragraph 7-b to read as follows:
(7-B) THE PAYMENTS FOR PARTICIPATION IN DEPARTMENT DRILLS AND
RESPONSES MADE TO VOLUNTEER FIREFIGHTERS AND VOLUNTEER OFFICERS OF THE
FIRE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED EIGHTEEN-A OF THE GENER-
AL MUNICIPAL LAW,
S 2. The general municipal law is amended by adding a new section
218-a to read as follows:
S 218-A. PAYMENTS FOR PARTICIPATION IN DEPARTMENT DRILLS AND
RESPONSES. 1. UPON THE AFFIRMATIVE VOTE OF AT LEAST SIXTY PERCENT OF THE
GOVERNING BOARD OF A FIRE DISTRICT WHICH HAS ESTABLISHED A SERVICE AWARD
PROGRAM PURSUANT TO THIS ARTICLE, THERE SHALL BE HELD A MANDATORY REFER-
ENDUM OF THE ELIGIBLE VOTERS WITHIN SUCH FIRE DISTRICT TO DETERMINE
WHETHER SUCH GOVERNING BOARD SHALL AUTHORIZE PAYMENTS FOR PARTICIPATION
IN DEPARTMENT DRILLS AND RESPONSES PURSUANT TO THE PROVISIONS OF THIS
SECTION.
2. THE REFERENDUM DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
STATE THE MAXIMUM ANNUAL COST OF THE PAYMENTS AUTHORIZED, INCLUDING THE
ESTIMATED ANNUAL ADMINISTRATION COSTS AND THE MAXIMUM ANNUAL PAYMENT TO
A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER, PURSUANT TO THIS SECTION.
3. THE MAXIMUM ANNUAL COST TO A FIRE DISTRICT OF THE PAYMENTS AUTHOR-
IZED SHALL BE TWO HUNDRED FIFTY THOUSAND DOLLARS AND THE MAXIMUM ANNUAL
PAYMENT TO OR ON BEHALF OF A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER
SHALL BE SIX THOUSAND DOLLARS.
4. ONCE SUCH PAYMENTS HAVE BEEN AUTHORIZED, THE AUTHORIZATION MAY BE
ABOLISHED OR AMENDED IN THE SAME MANNER AS IT WAS APPROVED BY THE PROCE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15750-04-0
A. 10079--A 2
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, BUT NO SUCH ABOLISH-
MENT OR AMENDMENT MAY BE EFFECTIVE PRIOR TO THE FIRST DAY OF THE CALEN-
DAR YEAR FOLLOWING SUCH AUTHORIZATION.
5. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO MEMBER OF THE
GOVERNING BOARD OF THE FIRE DISTRICT IS PROHIBITED, BY VIRTUE OF BEING A
MEMBER OF A VOLUNTEER FIRE COMPANY OR DEPARTMENT, FROM VOTING UPON A
RESOLUTION AUTHORIZING A REFERENDUM ON THE ESTABLISHMENT OF A SERVICE
AWARD PROGRAM IF MORE THAN FORTY PERCENT OF THE GOVERNING BOARD WOULD
OTHERWISE BE PROHIBITED FROM VOTING UPON SUCH RESOLUTION. ANY MEMBER OF
SUCH GOVERNING BOARD VOTING UPON SUCH RESOLUTION WHO SERVES AS A MEMBER
OF A VOLUNTEER FIRE COMPANY OR DEPARTMENT SHALL PUBLICLY DISCLOSE IN
WRITING TO THE GOVERNING BOARD SUCH STATUS. SUCH WRITTEN DISCLOSURE
SHALL BE PART OF AND SET FORTH IN THE OFFICIAL RECORD OF THE PROCEEDINGS
OF SUCH GOVERNING BOARD.
6. RECEIPT OF SUCH PAYMENTS SHALL NOT ALTER THE STATUS OF A PERSON AS
AN ACTIVE VOLUNTEER FIREFIGHTER UNDER THIS ARTICLE, OR AS A VOLUNTEER
FIREMAN PURSUANT TO SECTION THREE OF THE VOLUNTEER FIREFIGHTER'S BENEFIT
LAW, OR AS A VOLUNTEER FIREFIGHTER UNDER SECTION TWO HUNDRED FIVE-B OF
THIS CHAPTER, OR AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER FIRE OFFICER
UNDER ANY OTHER LAW OR REGULATION AND SUCH PERSONS SHALL NOT BE DEEMED
PAID FIREFIGHTERS BY VIRTUE OF RECEIPT OF SUCH PAYMENTS.
7. EACH ACTIVE VOLUNTEER FIREFIGHTER WHO IS A MEMBER OF A VOLUNTEER
FIRE COMPANY OR DEPARTMENT WITHIN A FIRE DISTRICT THAT HAS AUTHORIZED
PAYMENTS PURSUANT TO THIS SECTION, MAY ELECT TO RECEIVE SUCH PAYMENTS IN
LIEU OF BEING GRANTED CREDITS FOR DRILLS AND PARTICIPATION IN DEPARTMENT
RESPONSES AS WOULD OTHERWISE BE GRANTED PURSUANT TO SECTION TWO HUNDRED
SEVENTEEN OF THIS ARTICLE. A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER
SHALL BE PAID, SUBJECT TO ANY APPLICABLE WITHHOLDING TAXES, FIVE DOLLARS
FOR PARTICIPATING IN EACH QUALIFIED DRILL APPROVED BY THE CHIEF OF THE
DISTRICT OR HIS OR HER DESIGNEE AND FIVE DOLLARS FOR PARTICIPATING IN
ANY QUALIFIED EMERGENCY RESPONSE. A QUALIFIED DRILL MEANS ANY DRILL FOR
WHICH POINTS COULD BE GRANTED PURSUANT TO SUBDIVISION (C) OF SECTION TWO
HUNDRED SEVENTEEN OF THIS ARTICLE. A QUALIFIED EMERGENCY RESPONSE MEANS
ANY DEPARTMENT RESPONSE FOR WHICH POINTS COULD BE GRANTED PURSUANT TO
SUBDIVISION (C) OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
8. AN ELECTION BY AN ACTIVE VOLUNTEER FIREFIGHTER TO RECEIVE PAYMENTS
PURSUANT TO THIS SECTION, SHALL BE MADE IN WRITING ON A FORM APPROVED BY
THE BOARD OF THE FIRE DISTRICT AND SIGNED BY THE ACTIVE VOLUNTEER FIRE-
FIGHTER NOT MORE THAN SIXTY DAYS IMMEDIATELY PRECEDING THE COMMENCEMENT
OF THE CALENDAR YEAR, AND NOT DURING SUCH CALENDAR YEAR FOR WHICH
PAYMENTS UNDER THIS SECTION SHALL BE ELECTED IN LIEU OF CREDITS UNDER A
SERVICE AWARD PROGRAM. A TIMELY ELECTION SHALL BE MADE BY THE ACTIVE
VOLUNTEER FIREFIGHTER FOR EACH SUBSEQUENT CALENDAR YEAR. SUCH AN
ELECTION SHALL NOT BE REVOCABLE BY THE ACTIVE VOLUNTEER FIREFIGHTER
DURING AND WITH RESPECT TO THE CALENDAR YEAR FOR WHICH HE OR SHE HAS
ELECTED TO BE ELIGIBLE FOR PAYMENTS UNDER THIS SECTION.
9. A RECIPIENT OF ANY PAYMENTS, PURSUANT TO THIS SECTION, FOR A CALEN-
DAR YEAR SHALL NOT BE ELIGIBLE FOR ANY CREDITS FOR DRILLS OR FOR PARTIC-
IPATION IN DEPARTMENT RESPONSES FOR THAT CALENDAR YEAR.
10. THIS SECTION SHALL BE APPLICABLE ONLY TO FIRE DISTRICTS WITHIN THE
TOWN OF WALKILL IN ORANGE COUNTY.
S 3. A fire district which has determined to provide payments for
participation in department drills and responses pursuant to section
218-a of the general municipal law, as added by section two of this act,
shall cause an independent review of such payment program to be made on
or before March 1, 2013. Such report shall be furnished to the governor,
A. 10079--A 3
temporary president of the senate, the speaker of the assembly and the
office of fire prevention and control in the department of state.
S 4. This act shall take effect immediately provided, however, that,
no payments authorized under section 218-a of the general municipal law,
as added by section two of this act, shall accrue on or after January 1,
2014.