Assembly Bill A10836

                                BILL NUMBER:A10836A

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  remem-
bered  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 lieu-
tenant), 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 there-
fore classified under "other-on-duty status" and therefore was  included
on  the  United States Fallen Firefighters Memorial in Emmitsburu, Mary-
land.

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  fire-
fighters from every company in New York. In gathering together to recog-
nize those who made the ultimate sacrifice, the ceremony and the Memori-
al become a source of healing. Despite the opinions of some professional
firefighters  that the wall would be "cheapened" by including Paul Brady
on the wall, the families of fallen firefighters deserve a  place  aside
from  a  mournful cemetery, to remember their own personal hero, a place
where they can look up to their lost love one's name and  leave  with  a
feeling of pride and honor rather than that of sorrow.

PRIOR LEGISLATIVE HISTORY: A.9490a - Held in Ways & Means

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.