Senate Bill S4785

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

                                  4785

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

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

AN ACT to amend the general municipal law, in  relation  to  authorizing
  volunteer firefighters from other states to provide assistance to fire
  departments, companies and districts in this state

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

  Section 1. Subdivisions 1, 1-a and 3 of section 209-i of  the  general
municipal  law,  subdivisions  1  and 3 as amended by chapter 967 of the
laws of 1965 and subdivision 1-a as amended by chapter 354 of  the  laws
of 1999, are amended to read as follows:
  1.  Whenever  a  volunteer fireman, WHETHER HE OR SHE IS A RESIDENT OF
THIS STATE OR ANOTHER STATE, is within this state, but outside the  area
regularly  served  by the fire company or fire department of which he OR
SHE is a member and has knowledge of a fire or  other  emergency  at  or
near  the  place  where  he OR SHE is for the time being, such volunteer
fireman may report to the officer in command of the  paid  or  volunteer
fire  company or paid or volunteer fire department, or in command of one
of the paid or volunteer fire companies or one of the paid or  volunteer
fire  departments,  engaged  in  the  handling of any such fire or other
emergency and, on an individual basis, offer  his  OR  HER  services  to
assist  such  fire company or fire department. After his OR HER services
are so accepted, the volunteer fireman shall then  be  entitled  to  all
powers,  rights,  privileges  and immunities granted by law to volunteer
firemen during the time such services are rendered, in the  same  manner
and  to  the  same extent as if he OR SHE were a volunteer member of the
fire company or fire department which he OR SHE is assisting,  including
benefits  under the volunteer firemen's benefit law. Any such commanding
officer shall have power, in his OR HER discretion,  to  so  accept  the
services  of a volunteer fireman unless the legislative body of the city
or the village, the board of fire commissioners or other governing board

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09144-01-1
              

S. 4785                             2

of the fire district, or the town board of the town in relation  to  (a)
the fire companies serving territory outside villages and fire districts
or (b) a town fire department, as the case may be, by resolution hereto-
fore  or  hereafter  adopted,  has  forbidden the acceptance of any such
services pursuant to this section. Any such resolution shall continue in
effect until amended or repealed by the adoption of a subsequent  resol-
ution.  The  officer  in  charge  of any fire company or fire department
shall be notified promptly of the adoption of any such resolution and of
any amendment or repeal thereof.
  1-a. A volunteer firefighter WHO IS A RESIDENT OF THIS STATE OR ANOTH-
ER STATE AND who, because of his OR HER residence or  usual  occupation,
is  regularly  in the area served by a volunteer fire company or depart-
ment of which he OR SHE is not a member may nevertheless  volunteer  his
OR  HER  services on an on-going basis to the officer in command thereof
to assist such fire company  or  fire  department  for  the  purpose  of
assisting  such  company  or department's general or emergency ambulance
services, or for the purpose of assisting  such  fire  company  or  fire
department  at  a  fire  or  other emergency scene or for the purpose of
training with such fire company or fire department.  After  his  OR  HER
services  are so accepted, the volunteer firefighter shall then be enti-
tled to all powers, rights, privileges and immunities granted by law  to
volunteer  firefighters  during  the time such services are rendered, in
the same manner and to the same extent as if he OR SHE were a  volunteer
member of the fire company or fire department which he OR SHE is assist-
ing,  including  benefits under the volunteer firefighters' benefit law.
Any such commanding officer when authorized by the legislative  body  of
the  city  or  the  village,  the  board  of fire commissioners or other
governing board of the fire district, or the town board of the  town  in
relation  to  (a)  the fire companies serving territory outside villages
and fire districts or (b) a town fire department, as the  case  may  be,
shall  have  power,  in  his  discretion, to so accept the services of a
volunteer firefighter.
  3. As used in this section,  the  term  "volunteer  fireman"  means  a
"volunteer  fireman"  as  such  term  is defined in section three of the
volunteer firemen's benefit law OR AS SUCH TERM IS DEFINED IN THE  STATE
IN WHICH THE VOLUNTEER FIREMAN RESIDES; the term "area regularly served"
means  the  home  area of the volunteer fireman as described in subdivi-
sions one, two, three, four or five of section thirty of  the  volunteer
firemen's  benefit  law and, in addition, any other area served pursuant
to a contract for fire protection, OR THE STATE IN WHICH  THE  VOLUNTEER
FIREMAN  RESIDES,  and  the  terms  "fire company" and "fire department"
shall include emergency rescue and first aid squads or other  squads  or
units of a fire company or fire department.
  S 2.  This act shall take effect immediately.