Assembly Bill A9388

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

                                  9388

                          I N  A S S E M B L Y

                             April 24, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Local Governments

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]FIREFIGHTER, 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]  FIREFIGHTER  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 handl-
ing of any such fire or other emergency and,  on  an  individual  basis,
offer  his  OR  HER services to assist such fire company or fire depart-
ment. After his OR HER services are so accepted, the volunteer [fireman]
FIREFIGHTER shall then be entitled to all powers, rights, privileges and
immunities granted by law to volunteer [firemen] 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 assisting, including  benefits  under
the volunteer [firemen's] FIREFIGHTER'S benefit law. Any such commanding
officer  shall  have  power,  in his OR HER discretion, to so accept the
services of a volunteer [fireman]  FIREFIGHTER  unless  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

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

                                                           LBD06918-04-4

A. 9388                             2

villages and fire districts or (b) a town fire department, as  the  case
may be, by resolution heretofore 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 resolution. 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" OR "VOLUNTEER
FIREFIGHTER"  means  a  "volunteer  fireman"  as such term is defined in
section three of the volunteer [firemen's] FIREFIGHTER'S benefit law  OR
AS  SUCH TERM IS DEFINED IN THE STATE IN WHICH THE VOLUNTEER FIREFIGHTER
RESIDES; the term "area regularly served" means the  home  area  of  the
volunteer  fireman as described in subdivisions one, two, three, four or
five of section thirty of the volunteer [firemen's] FIREFIGHTER'S  bene-
fit  law  and, in addition, any other area served pursuant to a contract
for fire protection, OR THE STATE IN  WHICH  THE  VOLUNTEER  FIREFIGHTER
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.