Assembly Bill A3396

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

                                  3396

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by M. of A. RABBITT, STEVENSON, RAIA, CROUCH, HAWLEY -- read
  once and referred to the Committee on Local Governments

AN ACT to amend the town law and the general municipal law, in  relation
  to  authorizing  certain  fire  districts to offer certain benefits to
  their volunteer firefighters subject to a mandatory referendum

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

  Section 1. Subdivision 18 of section 176 of the town law is amended by
adding a new paragraph 7-b to read as follows:
  (7-B)   THE  PAYMENTS  FOR  PARTICIPATION  IN  DEPARTMENT  DRILLS  AND
RESPONSES MADE TO VOLUNTEER FIREFIGHTERS AND VOLUNTEER OFFICERS  OF  THE
FIRE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED EIGHTEEN-A OF THE GENER-
AL MUNICIPAL LAW,
  S  2.  The  general  municipal  law is amended by adding a new section
218-a to read as follows:
  S  218-A.  PAYMENTS  FOR  PARTICIPATION  IN  DEPARTMENT   DRILLS   AND
RESPONSES. 1. UPON THE AFFIRMATIVE VOTE OF AT LEAST SIXTY PERCENT OF THE
GOVERNING BOARD OF A FIRE DISTRICT WHICH HAS ESTABLISHED A SERVICE AWARD
PROGRAM PURSUANT TO THIS ARTICLE, THERE SHALL BE HELD A MANDATORY REFER-
ENDUM  OF  THE  ELIGIBLE  VOTERS  WITHIN SUCH FIRE DISTRICT TO DETERMINE
WHETHER SUCH GOVERNING BOARD SHALL AUTHORIZE PAYMENTS FOR  PARTICIPATION
IN  DEPARTMENT  DRILLS  AND RESPONSES PURSUANT TO THE PROVISIONS OF THIS
SECTION.
  2. THE REFERENDUM DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  SHALL
STATE  THE MAXIMUM ANNUAL COST OF THE PAYMENTS AUTHORIZED, INCLUDING THE
ESTIMATED ANNUAL ADMINISTRATION COSTS AND THE MAXIMUM ANNUAL PAYMENT  TO
A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER, PURSUANT TO THIS SECTION.
  3.  THE MAXIMUM ANNUAL COST TO A FIRE DISTRICT OF THE PAYMENTS AUTHOR-
IZED SHALL BE TWO HUNDRED FIFTY THOUSAND DOLLARS AND THE MAXIMUM  ANNUAL
PAYMENT  TO OR ON BEHALF OF A PARTICIPATING ACTIVE VOLUNTEER FIREFIGHTER
SHALL BE SIX THOUSAND DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01362-01-3
              

A. 3396                             2

  4. ONCE SUCH PAYMENTS HAVE BEEN AUTHORIZED, THE AUTHORIZATION  MAY  BE
ABOLISHED OR AMENDED IN THE SAME MANNER AS IT WAS APPROVED BY THE PROCE-
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, BUT NO SUCH ABOLISH-
MENT  OR AMENDMENT MAY BE EFFECTIVE PRIOR TO THE FIRST DAY OF THE CALEN-
DAR YEAR FOLLOWING SUCH AUTHORIZATION.
  5. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO MEMBER OF THE
GOVERNING BOARD OF THE FIRE DISTRICT IS PROHIBITED, BY VIRTUE OF BEING A
MEMBER  OF  A  VOLUNTEER  FIRE COMPANY OR DEPARTMENT, FROM VOTING UPON A
RESOLUTION AUTHORIZING A REFERENDUM ON THE ESTABLISHMENT  OF  A  SERVICE
AWARD  PROGRAM  IF  MORE THAN FORTY PERCENT OF THE GOVERNING BOARD WOULD
OTHERWISE BE PROHIBITED FROM VOTING UPON SUCH RESOLUTION. ANY MEMBER  OF
SUCH  GOVERNING BOARD VOTING UPON SUCH RESOLUTION WHO SERVES AS A MEMBER
OF A VOLUNTEER FIRE COMPANY OR DEPARTMENT  SHALL  PUBLICLY  DISCLOSE  IN
WRITING  TO  THE  GOVERNING  BOARD  SUCH STATUS. SUCH WRITTEN DISCLOSURE
SHALL BE PART OF AND SET FORTH IN THE OFFICIAL RECORD OF THE PROCEEDINGS
OF SUCH GOVERNING BOARD.
  6. RECEIPT OF SUCH PAYMENTS SHALL NOT ALTER THE STATUS OF A PERSON  AS
AN  ACTIVE  VOLUNTEER  FIREFIGHTER UNDER THIS ARTICLE, OR AS A VOLUNTEER
FIREMAN PURSUANT TO SECTION THREE OF THE VOLUNTEER FIREFIGHTER'S BENEFIT
LAW, OR AS A VOLUNTEER FIREFIGHTER UNDER SECTION TWO HUNDRED  FIVE-B  OF
THIS  CHAPTER,  OR  AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER FIRE OFFICER
UNDER ANY OTHER LAW OR REGULATION AND SUCH PERSONS SHALL NOT  BE  DEEMED
PAID FIREFIGHTERS BY VIRTUE OF RECEIPT OF SUCH PAYMENTS.
  7.  EACH  ACTIVE  VOLUNTEER FIREFIGHTER WHO IS A MEMBER OF A VOLUNTEER
FIRE COMPANY OR DEPARTMENT WITHIN A FIRE DISTRICT  THAT  HAS  AUTHORIZED
PAYMENTS PURSUANT TO THIS SECTION, MAY ELECT TO RECEIVE SUCH PAYMENTS IN
LIEU OF BEING GRANTED CREDITS FOR DRILLS AND PARTICIPATION IN DEPARTMENT
RESPONSES  AS WOULD OTHERWISE BE GRANTED PURSUANT TO SECTION TWO HUNDRED
SEVENTEEN OF THIS ARTICLE. A PARTICIPATING ACTIVE VOLUNTEER  FIREFIGHTER
SHALL BE PAID, SUBJECT TO ANY APPLICABLE WITHHOLDING TAXES, FIVE DOLLARS
FOR  PARTICIPATING  IN EACH QUALIFIED DRILL APPROVED BY THE CHIEF OF THE
DISTRICT OR HIS OR HER DESIGNEE AND FIVE DOLLARS  FOR  PARTICIPATING  IN
ANY  QUALIFIED EMERGENCY RESPONSE. A QUALIFIED DRILL MEANS ANY DRILL FOR
WHICH POINTS COULD BE GRANTED PURSUANT TO SUBDIVISION (C) OF SECTION TWO
HUNDRED SEVENTEEN OF THIS ARTICLE. A QUALIFIED EMERGENCY RESPONSE  MEANS
ANY  DEPARTMENT  RESPONSE  FOR WHICH POINTS COULD BE GRANTED PURSUANT TO
SUBDIVISION (C) OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
  8. AN ELECTION BY AN ACTIVE VOLUNTEER FIREFIGHTER TO RECEIVE  PAYMENTS
PURSUANT TO THIS SECTION, SHALL BE MADE IN WRITING ON A FORM APPROVED BY
THE  BOARD OF THE FIRE DISTRICT AND SIGNED BY THE ACTIVE VOLUNTEER FIRE-
FIGHTER NOT MORE THAN SIXTY DAYS IMMEDIATELY PRECEDING THE  COMMENCEMENT
OF  THE  CALENDAR  YEAR,  AND  NOT  DURING  SUCH CALENDAR YEAR FOR WHICH
PAYMENTS UNDER THIS SECTION SHALL BE ELECTED IN LIEU OF CREDITS UNDER  A
SERVICE  AWARD  PROGRAM.  A  TIMELY ELECTION SHALL BE MADE BY THE ACTIVE
VOLUNTEER  FIREFIGHTER  FOR  EACH  SUBSEQUENT  CALENDAR  YEAR.  SUCH  AN
ELECTION  SHALL  NOT  BE  REVOCABLE  BY THE ACTIVE VOLUNTEER FIREFIGHTER
DURING AND WITH RESPECT TO THE CALENDAR YEAR FOR WHICH  HE  OR  SHE  HAS
ELECTED TO BE ELIGIBLE FOR PAYMENTS UNDER THIS SECTION.
  9. A RECIPIENT OF ANY PAYMENTS, PURSUANT TO THIS SECTION, FOR A CALEN-
DAR YEAR SHALL NOT BE ELIGIBLE FOR ANY CREDITS FOR DRILLS OR FOR PARTIC-
IPATION IN DEPARTMENT RESPONSES FOR THAT CALENDAR YEAR.
  10. THIS SECTION SHALL BE APPLICABLE ONLY TO FIRE DISTRICTS WITHIN THE
TOWN OF WALLKILL IN ORANGE COUNTY.
  S  3.  A  fire  district  which has determined to provide payments for
participation in department drills and  responses  pursuant  to  section
218-a of the general municipal law, as added by section two of this act,

A. 3396                             3

shall  cause an independent review of such payment program to be made on
or before March 1, 2016. Such report shall be furnished to the governor,
temporary president of the senate, the speaker of the assembly  and  the
office  of fire prevention and control in the division of homeland secu-
rity and emergency services.
  S 4. This act shall take effect immediately provided,  however,  that,
no payments authorized under section 218-a of the general municipal law,
as added by section two of this act, shall accrue on or after January 1,
2017.