Senate Bill S8450

                                BILL NUMBER:S8450

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

PURPOSE: 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 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 proxi-
mate 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 inju-
ry 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 possi-
ble. 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 dedi-
cation. 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. Despite the opinions of some
professional firefighters that the wall would be "cheapened" by includ-
ing 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.

LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately