S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6550
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2019
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law, in relation  to  the  defense
   and indemnification of volunteer firefighters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 205-g of the general municipal law
 is amended by adding a new paragraph e to read as follows:
   E. "ATTORNEY GENERAL" MEANS THE ATTORNEY GENERAL OF THE STATE  OF  NEW
 YORK.
   § 2. Subdivisions 2, 3, 5 and 6 of section 205-g of the general munic-
 ipal  law,  as  added by chapter 559 of the laws of 2006, are amended to
 read as follows:
   2. The [public entity] STATE shall provide  for  the  defense  of  the
 volunteer firefighter in any civil action or proceeding, state or feder-
 al,  arising  out  of  any  alleged  act  or  omission which occurred or
 allegedly occurred while the volunteer firefighter  was  acting  in  the
 line  of  duty  if  the  volunteer firefighter is in compliance with the
 provisions of subdivision seven of this section. This  duty  to  provide
 for  a  defense shall not arise where such civil action or proceeding is
 brought by or at the behest of the public entity.
   3. Subject to the conditions set forth  in  subdivision  two  of  this
 section,  the  volunteer firefighter shall be entitled to be represented
 by private counsel of his or her choice in any civil action or  proceed-
 ing  whenever  the  [chief  legal  officer of the public entity or other
 counsel designated by the public  entity]  ATTORNEY  GENERAL  determines
 that  a conflict of interest exists, or whenever a court, upon appropri-
 ate motion or otherwise by  a  special  proceeding,  determines  that  a
 conflict  of interest exists and that the volunteer firefighter is enti-
 tled to be represented by counsel of his or her choice, provided, howev-
 er, that the [chief legal officer or other  counsel  designated  by  the

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

                                                            LBD09911-01-9

 A. 6550                             2

 public  entity]  ATTORNEY GENERAL may require, as a condition to payment
 of the fees and expenses of such representation, that appropriate groups
 of such volunteer firefighters  be  represented  by  the  same  counsel.
 Reasonable  attorneys' fees and litigation expenses shall be paid by the
 [public entity] STATE to such private counsel from time to  time  during
 the  pendency of the civil action or proceeding with the approval of the
 [governing body of the public entity] STATE.
   5. Where the volunteer firefighter  delivers  process  and  a  written
 request  for  a  defense to the public entity under subdivision seven of
 this section, the public entity shall NOTIFY  THE  ATTORNEY  GENERAL  OF
 SUCH REQUEST, AND THE ATTORNEY GENERAL SHALL take the necessary steps on
 behalf of the volunteer firefighter to avoid entry of a default judgment
 pending  resolution  of  any  question  pertaining  to the obligation to
 provide for a defense.
   6. a. The public entity shall indemnify and save harmless  its  volun-
 teer  firefighters  in  the amount of any judgment obtained against such
 volunteer firefighters in a state or federal court, or in the amount  of
 any  settlement of a claim, provided that the act or omission from which
 such judgment or claim arose occurred while  the  volunteer  firefighter
 was  acting  in the line of duty; provided further that in the case of a
 settlement the duty to indemnify and save harmless shall be  conditioned
 upon  the  approval of the amount of settlement by the governing body of
 the public entity.
   b. The duty to indemnify and save harmless shall be construed  in  the
 same manner as provided in section two hundred five-b of this article.
   c.  Nothing  in  this  subdivision  shall authorize a public entity to
 indemnify or save harmless a volunteer firefighter with respect to puni-
 tive or exemplary damages, fines or penalties, or money recovered from a
 volunteer firefighter pursuant to section  fifty-one  of  this  chapter;
 provided, however, that the public entity shall indemnify and save harm-
 less  its volunteer firefighters in the amount of any [costs, attorneys'
 fees,] damages, fines or penalties which may be imposed by reason of  an
 adjudication  that  a volunteer firefighter, acting in the line of duty,
 has, without willfulness or intent on his or her part, violated a  prior
 order,  judgment, consent decree or stipulation of settlement entered in
 any court of this state or of the United States.
   d. Upon entry of a final judgment against the  volunteer  firefighter,
 or  upon  the  settlement  of the claim, the volunteer firefighter shall
 serve a copy of such judgment or settlement, personally or by  certified
 or  registered  mail  within thirty days of the date of entry or settle-
 ment, upon the chief administrative officer of the public entity; and if
 not inconsistent with the provisions of this section, the amount of such
 judgment or settlement shall be paid by the public entity.
   § 3. This act shall take effect immediately.