S T A T E O F N E W Y O R K
________________________________________________________________________
8863
I N S E N A T E
July 31, 2020
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general municipal law, in relation to allowing for a
program sponsor to amend a point system as part of a service award
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 217 of the general municipal law is amended by
adding a new subdivision (q) to read as follows:
(Q) THE PROGRAM SPONSOR MAY MAKE ADJUSTMENTS TO THE PARTICIPATION IN
DEPARTMENT RESPONSES POINT SYSTEM CATEGORY PROVIDED FOR IN PARAGRAPH
(VI) OF SUBDIVISION (C) OF THIS SECTION IN THE EVENT THAT SUCH PROGRAM
SPONSOR ADOPTS WRITTEN EMERGENCY RESPONSE PROTOCOLS SETTING DIFFERENT
EMERGENCY RESPONSE REQUIREMENTS FOR THE FIRE DEPARTMENT, FIRE COMPANIES,
SQUADS AND UNITS THEREOF SUCH THAT CERTAIN PARTICIPANTS ARE NOT PERMIT-
TED TO RESPOND AND ARE RESTRICTED FROM RESPONDING TO ALL NON-EMERGENCY
RESCUE AND FIRST AID SQUAD CALLS AND/OR ALL EMERGENCY RESCUE AND FIRST
AID SQUAD CALLS. SUCH RESTRICTIONS ON RESPONSE MAY RELATE TO DETERMI-
NATIONS MADE BY THE DISTRICT PHYSICIAN AS TO THE DUTIES THAT MAY BE
ASSIGNED TO CERTAIN PERSONNEL. IN THE EVENT THAT THE PROGRAM SPONSOR
ADOPTS DIFFERENT RESPONSE REQUIREMENTS FOR DIFFERENT GROUPS, PARTIC-
IPANTS IN THOSE GROUPS SHALL BE REQUIRED TO RESPOND TO THE MINIMUM
NUMBER OF EMERGENCY CALLS ASSIGNED TO THEIR GROUP BY APPLYING THE
PERCENTAGE PROVIDED FOR IN PARAGRAPH (VI) OF SUBDIVISION (C) OF THIS
SECTION. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED SIXTEEN
OF THIS ARTICLE, A POINT SYSTEM AMENDMENT TO ADDRESS WRITTEN EMERGENCY
RESPONSE PROTOCOLS MAY BE ADOPTED BY THE AFFIRMATIVE VOTE OF AT LEAST
SIXTY PERCENT OF SUCH GOVERNING BOARD, WITHOUT REFERENDUM. SUCH AMEND-
MENT SHALL ONLY TAKE EFFECT AS OF THE FIRST DAY OF JANUARY NEXT SUCCEED-
ING THE COMPLETION OF THE PROCEEDINGS REQUIRED FOR ADOPTION OF THE
AMENDMENT AND SHALL ONLY APPLY PROSPECTIVELY UNLESS THE NEW WRITTEN
EMERGENCY RESPONSE PROTOCOL IS ADOPTED IN ORDER TO ADDRESS A STATE
DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF THE
EXECUTIVE LAW, AND APPLICABLE TO THE COUNTY OR COUNTIES IN WHICH THE
FIRE DEPARTMENT OPERATES, IN WHICH CASE SUCH AMENDMENT MAY BE APPLIED IN
THE YEAR ADOPTED.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16783-01-0