S T A T E   O F   N E W   Y O R K
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                                  7482

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2009
                               ___________

Introduced by M. of A. GALEF, FIELDS, GUNTHER, KOON, GABRYSZAK, LUPARDO,
  BURLING,  KOLB,  ALFANO,  ERRIGO,  RAIA, FINCH, P. LOPEZ, SCHROEDER --
  Multi-Sponsored by -- M. of A. BACALLES, CHRISTENSEN,  CONTE,  CROUCH,
  DelMONTE, DESTITO, EDDINGTON, GIGLIO, MAGEE, MAGNARELLI, MAISEL, McDO-
  NOUGH, McENENY, MOLINARO, PHEFFER, QUINN, SALADINO, SCHIMEL, TOWNSEND,
  WEISENBERG -- read once and referred to the Committee on Local Govern-
  ments

AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
  teer ambulance workers' benefit law, in relation to medical assistance
  rendered by firefighters and EMS personnel while such workers are  off
  duty or outside their jurisdiction or area of responsibility

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

  Section 1. Legislative intent. This legislation is designed to protect
the citizens of the state of New York by encouraging  the  provision  of
emergency  medical  services  by  trained medical personnel. By offering
firefighters and EMS personnel coverage under the  volunteer  firefight-
ers'  benefit law and the volunteer ambulance workers' benefit law, this
legislation encourages such workers to continue to assist at emergencies
regardless of accident location or whether they are off duty. Currently,
there is a strong disincentive to assist in an  emergency  situation  if
the  location of the accident is outside the worker's jurisdiction or if
the worker is off duty. This legislation will eliminate  this  disincen-
tive  and  will  do  away  with  the  dilemma faced by emergency medical
services workers when they are the first to arrive at an accident  scene
while  off  duty  or at an accident scene that is out of their jurisdic-
tion. This bill will also improve the general welfare of the citizens of
the state by improving the availability of trained medical personnel.
  S 2. Subdivision 1 of section 5 of the volunteer firefighters' benefit
law is amended by adding a new paragraph q to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01709-01-9

              

A. 7482                             2

  Q. WHILE, WITHIN THIS STATE, ASSISTING  IN  EXTINGUISHING  A  FIRE  OR
RENDERING  MEDICAL  ASSISTANCE WHILE OFF DUTY OR WHILE AT THE SCENE OF A
FIRE OR AN ACCIDENT THAT IS LOCATED OUTSIDE THE JURISDICTION OR AREA  OF
RESPONSIBILITY  OF  THE  VOLUNTEER  FIREFIGHTER WHEN SUCH ASSISTANCE WAS
PROVIDED  PRIOR  TO  THE  ARRIVAL  OF  AN OFFICER IN COMMAND WITHIN SUCH
JURISDICTION AND THE BOARD OF FIRE COMMISSIONERS OR OTHER GOVERNING BODY
OF THE FIRE DISTRICT GRANTS BY RESOLUTION  EXPRESS  PERMISSION  ALLOWING
FOR  THE OFFERING OF SUCH ASSISTANCE, UNLESS THE LEGISLATIVE BODY OF THE
CITY OR THE VILLAGE, OR THE TOWN BOARD OF THE TOWN IN  RELATION  TO  (1)
THE FIRE COMPANIES SERVING TERRITORY OUTSIDE VILLAGES AND FIRE DISTRICTS
OR (2) A TOWN FIRE DEPARTMENT, AS THE CASE MAY BE, BY RESOLUTION HERETO-
FORE  OR  HEREAFTER ADOPTED, HAS FORBIDDEN THE ACCEPTANCE OF ANY ASSIST-
ANCE.
  S 3. Subdivision 1 of section 5 of the  volunteer  ambulance  workers'
benefit law is amended by adding a new paragraph l to read as follows:
  L.  WHILE,  WITHIN  THIS STATE, RENDERING MEDICAL ASSISTANCE WHILE OFF
DUTY OR WHILE AT THE SCENE OF A FIRE OR  AN  ACCIDENT  THAT  IS  LOCATED
OUTSIDE  THE  JURISDICTION  OR  AREA  OF RESPONSIBILITY OF THE VOLUNTEER
AMBULANCE WORKER WHEN SUCH ASSISTANCE WAS PROVIDED PRIOR TO THE  ARRIVAL
OF  THE  OFFICER  IN  COMMAND WITHIN SUCH JURISDICTION AND THE GOVERNING
BODY OF THE AMBULANCE COMPANY OR AMBULANCE DISTRICT GRANTS BY RESOLUTION
EXPRESS PERMISSION ALLOWING FOR THE OFFERING OF SUCH ASSISTANCE,  UNLESS
THE  LEGISLATIVE  BODY  OF THE CITY OR THE VILLAGE, OR THE TOWN BOARD OF
THE TOWN IN RELATION TO  (1)  AN  AMBULANCE  COMPANY  SERVING  TERRITORY
OUTSIDE VILLAGES AND AMBULANCE DISTRICTS OR (2) AN AMBULANCE DISTRICT IN
A  TOWN,  AS  THE  CASE  MAY  BE,  BY RESOLUTION HERETOFORE OR HEREAFTER
ADOPTED, HAS FORBIDDEN THE ACCEPTANCE OF ANY SUCH ASSISTANCE.
  S 4. This act shall take effect immediately.