The New York State Senate

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

                                  8251

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced by Sens. KAMINSKY, BROOKS, GAUGHRAN -- 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  the  determi-
  nation of points for service award programs for volunteer firefighters
  during  a  state  disaster  emergency  and  authorizing  service award
  program sponsors to adjust certain point  systems  when  such  sponsor
  adopts written emergency response protocols

  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 two new subdivisions (p) and (q) to read as follows:
  (P)  FOR  PURPOSES  OF  DETERMINING TOTAL POINTS EARNED FOR A CALENDAR
YEAR, AN ACTIVE VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM MAY  PROVIDE
FOR  THE  CREDITING  OF  FIVE  ADDITIONAL POINTS PER MONTH, PRORATED FOR
PERIODS OF LESS THAN ONE MONTH, TO  EACH  ACTIVE  PARTICIPANT  FOR  EACH
MONTH  THAT  SPECIAL  EMERGENCY RESPONSE RULES WERE IN PLACE RESTRICTING
FIREFIGHTER RESPONSES TO  EMERGENCY  RESPONSES  AND/OR  RESTRICTING  THE
HOLDING OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES
RELATED  TO  A  STATE  DISASTER  EMERGENCY,  AS  SUCH TERM IS DEFINED IN
SECTION TWENTY OF THE EXECUTIVE  LAW,  DECLARED  PURSUANT  TO  EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE
OUTBREAK OF NOVEL CORONAVIRUS, COVID-19.
  (Q) THE PROGRAM SPONSOR MAY MAKE ADJUSTMENTS TO THE POINT SYSTEM CATE-
GORY  ENTITLED "PARTICIPATION IN DEPARTMENT RESPONSES" 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 PERMITTED TO RESPOND AND RESTRICTED FROM RESPONDING TO ALL NON-EMER-
GENCY RESCUE AND FIRST AID SQUAD CALLS AND/OR ALL EMERGENCY  RESCUE  AND
FIRST  AID  SQUAD  CALLS.  SUCH  RESTRICTIONS  ON RESPONSE MAY RELATE TO
DETERMINATIONS 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16211-01-0

S. 8251                             2

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 (IV) 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 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  EMER-
GENCY,  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.

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

                                 8251--A

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced  by  Sens. KAMINSKY, BROOKS, GAUGHRAN, MARTINEZ -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Local Government -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general municipal law, in relation to the determi-
  nation of points for service award programs for volunteer firefighters
  and volunteer ambulance workers during a state disaster emergency  and
  authorizing  service  award  program  sponsors to adjust certain point
  systems when such sponsor adopts written emergency response protocols

  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 two new subdivisions (p) and (q) to read as follows:
  (P) FOR PURPOSES OF DETERMINING TOTAL POINTS  EARNED  FOR  A  CALENDAR
YEAR,  AN ACTIVE VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM MAY PROVIDE
FOR THE CREDITING OF FIVE ADDITIONAL  POINTS  PER  MONTH,  PRORATED  FOR
PERIODS  OF  LESS  THAN  ONE  MONTH, TO EACH ACTIVE PARTICIPANT FOR EACH
MONTH THAT SPECIAL EMERGENCY RESPONSE RULES WERE  IN  PLACE  RESTRICTING
FIREFIGHTER  RESPONSES  TO  EMERGENCY  RESPONSES  AND/OR RESTRICTING THE
HOLDING OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES
RELATED TO A STATE DISASTER  EMERGENCY,  AS  SUCH  TERM  IS  DEFINED  IN
SECTION  TWENTY  OF  THE  EXECUTIVE  LAW, DECLARED PURSUANT TO EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE
OUTBREAK OF NOVEL CORONAVIRUS, COVID-19.
  (Q) THE PROGRAM SPONSOR MAY MAKE ADJUSTMENTS TO THE POINT SYSTEM CATE-
GORY ENTITLED "PARTICIPATION IN DEPARTMENT RESPONSES" 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 PERMITTED TO RESPOND AND RESTRICTED FROM RESPONDING TO ALL NON-EMER-
GENCY  RESCUE  AND FIRST AID SQUAD CALLS AND/OR ALL EMERGENCY RESCUE AND
FIRST AID SQUAD CALLS. SUCH  RESTRICTIONS  ON  RESPONSE  MAY  RELATE  TO
DETERMINATIONS  MADE BY THE DISTRICT PHYSICIAN AS TO THE DUTIES THAT MAY
BE ASSIGNED TO CERTAIN PERSONNEL. IN THE EVENT THAT THE PROGRAM  SPONSOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16211-04-0

S. 8251--A                          2

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 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 EMER-
GENCY, 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.  Subdivision  3 of section 219-e of the general municipal law is
amended by adding a new paragraph (k) to read as follows:
  (K) FOR PURPOSES OF DETERMINING TOTAL POINTS  EARNED  FOR  A  CALENDAR
YEAR  AN ACTIVE VOLUNTEER AMBULANCE WORKER AWARD PROGRAM MAY PROVIDE FOR
THE CREDITING OF FIVE ADDITIONAL POINTS PER MONTH, PRORATED FOR  PERIODS
OF  LESS  THAN ONE MONTH, TO EACH ACTIVE PARTICIPANT FOR EACH MONTH THAT
SPECIAL EMERGENCY RESPONSE RULES WERE  IN  PLACE  RESTRICTING  AMBULANCE
WORKERS  RESPONSES TO EMERGENCY RESPONSES AND/OR RESTRICTING THE HOLDING
OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES RELATED
TO THE STATE DISASTER EMERGENCY, AS SUCH  TERM  IS  DEFINED  IN  SECTION
TWENTY  OF  THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE  OUTBREAK
OF NOVEL CORONAVIRUS, COVID-19.
  §  3.  Subdivision  3 of section 219-m of the general municipal law is
amended by adding a new paragraph (k) to read as follows:
  (K) FOR PURPOSES OF DETERMINING TOTAL POINTS  EARNED  FOR  A  CALENDAR
YEAR  AN ACTIVE VOLUNTEER AMBULANCE WORKER AWARD PROGRAM MAY PROVIDE FOR
THE CREDITING OF FIVE ADDITIONAL POINTS PER MONTH, PRORATED FOR  PERIODS
OF  LESS  THAN ONE MONTH, TO EACH ACTIVE PARTICIPANT FOR EACH MONTH THAT
SPECIAL EMERGENCY RESPONSE RULES WERE  IN  PLACE  RESTRICTING  AMBULANCE
WORKERS  RESPONSES TO EMERGENCY RESPONSES AND/OR RESTRICTING THE HOLDING
OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES RELATED
TO THE STATE DISASTER EMERGENCY, AS SUCH  TERM  IS  DEFINED  IN  SECTION
TWENTY  OF  THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE  OUTBREAK
OF NOVEL CORONAVIRUS, COVID-19.
  § 4. This act shall take effect immediately.