Senate Bill S4531

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4531
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by  Sens. HELMING, RITCHIE -- (at request of the Legislative
   Commission on Rural Resources) -- 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.  Section  209-i of the general municipal law is amended by
 adding a new subdivision 1-c to read as follows:
   1-C. AN OUT-OF-STATE FIREFIGHTER WHO, BECAUSE OF A SECOND RESIDENCE OR
 MILITARY SERVICE, IS REGULARLY IN AN AREA SERVED  BY  A  VOLUNTEER  FIRE
 COMPANY  OR  FIRE DEPARTMENT MAY VOLUNTEER THEIR SERVICES ON AN ON-GOING
 BASIS TO SUCH FIRE COMPANY OR FIRE DEPARTMENT FOR THE PURPOSE OF ASSIST-
 ING  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, PROVIDED THAT SUCH
 COMPANY OR DEPARTMENT IS AUTHORIZED  TO  ACCEPT  SUCH  SERVICES  BY  THE
 LEGISLATIVE  BODY  OF THE CITY OR THE VILLAGE, THE BOARD OF FIRE COMMIS-
 SIONERS 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. UPON APPLICATION BY AN OUT-OF-STATE FIREFIGHTER, A FIRE
 COMPANY OR FIRE DEPARTMENT  SHALL  DETERMINE  WHETHER  THE  OUT-OF-STATE
 FIREFIGHTER MEETS THE MINIMUM CERTIFICATIONS FOR ACTIVE MEMBERS OF THEIR
 COMPANY  OR  DEPARTMENT  AND WHETHER THE OUT-OF-STATE FIRE-FIGHTER IS IN
 GOOD STANDING WITH THE FIRE COMPANY OR DEPARTMENT IN WHICH THEY NORMALLY
 SERVE. IF A VOLUNTEER  FIRE  COMPANY  OR  FIRE  DEPARTMENT  ACCEPTS  THE
 SERVICES OF AN OUT-OF-STATE FIREFIGHTER, SUCH FIREFIGHTER SHALL BE ENTI-
 TLED  TO ALL POWERS, RIGHTS, PRIVILEGES AND IMMUNITIES GRANTED BY LAW TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09910-01-7

 S. 4531                             2
 
 VOLUNTEER FIREFIGHTERS DURING  THE  TIME  SUCH  SERVICES  ARE  RENDERED,
 PROVIDED, HOWEVER, SUCH FIREFIGHTER SHALL NOT BE ELIGIBLE TO PARTICIPATE
 IN  A  SERVICE  AWARD  PROGRAM  AS  AUTHORIZED  BY ARTICLES ELEVEN-A AND
 ELEVEN-AAAA  OF  THE GENERAL MUNICIPAL LAW NOR SHALL SUCH FIREFIGHTER BE
 ELIGIBLE FOR COVERAGE UNDER SECTION ELEVEN-C OF THE VOLUNTEER FIREFIGHT-
 ERS' BENEFIT LAW RELATING TO DISEASES OF THE LUNG AND SECTION  SIXTY-ONE
 OF  THE  VOLUNTEER  FIREFIGHTERS'  BENEFIT  LAW  RELATING  TO DISEASE OR
 MALFUNCTION OF HEART OR CORONARY  ARTERIES  AND  ANY  OTHER  PRESUMPTIVE
 COVERAGE  FOR  IMPAIRMENT OF HEALTH OR DEATH. UPON ACCEPTANCE OF AN OUT-
 OF-STATE FIREFIGHTER TO A FIRE COMPANY OR FIRE DEPARTMENT, SUCH  COMPANY
 OR  DEPARTMENT  SHALL  PROVIDE TO THE APPLICANT, AND THE APPLICANT SHALL
 ACKNOWLEDGE RECEIPT OF, THE FOLLOWING WRITTEN STATEMENT: "IF A VOLUNTEER
 FIRE COMPANY OR FIRE DEPARTMENT ACCEPTS THE SERVICES OF AN  OUT-OF-STATE
 FIREFIGHTER,  SUCH  FIREFIGHTER SHALL BE ENTITLED TO ALL POWERS, RIGHTS,
 PRIVILEGES AND IMMUNITIES  GRANTED  BY  LAW  TO  VOLUNTEER  FIREFIGHTERS
 DURING  THE  TIME  SUCH  SERVICES  ARE RENDERED, PROVIDED, HOWEVER, SUCH
 FIREFIGHTER SHALL NOT BE ELIGIBLE TO  PARTICIPATE  IN  A  SERVICE  AWARD
 PROGRAM AS AUTHORIZED BY ARTICLES 11-A AND 11-AAAA OF THE GENERAL MUNIC-
 IPAL  LAW,  NOR  SHALL  SUCH FIREFIGHTERS BE ELIGIBLE FOR COVERAGE UNDER
 SECTION ELEVEN-C OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW, RELATING TO
 DISEASES OF THE LUNG, AND SECTION  61  OF  THE  VOLUNTEER  FIREFIGHTERS'
 BENEFIT  LAW,  RELATING  TO  DISEASE OR MALFUNCTION OF HEART OR CORONARY
 ARTERIES, AND ANY OTHER PRESUMPTIVE COVERAGE FOR IMPAIRMENT OF HEALTH OR
 DEATH."
   § 2. This act shall take effect immediately.