The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7359--A
     Cal. No. 939
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             September 3, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Local Government in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, amended on second report, ordered to a  third  reading,
   and  to  be  reprinted as amended, retaining its place in the order of
   third reading
 
 AN ACT to amend the general municipal law, the penal law, and  the  arts
   and  cultural  affairs  law,  in  relation  to  participants  in youth
   programs sponsored by fire departments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 5 and 7 of section 204-b of the general munic-
 ipal  law,  as  added by chapter 386 of the laws of 1978, are amended to
 read as follows:
   5. All activities of participants in such program shall be approved in
 advance by the chief, or his OR HER designee. [No activities may include
 emergency duties in connection with  fire  department  or  fire  company
 operations or any other hazardous activity.] PARTICIPANTS MAY RESPOND TO
 AN  EMERGENCY  OR HAZARDOUS ACTIVITY, BUT SHALL REMAIN IN AN APPROPRIATE
 AND SAFE DESIGNATED AREA THAT HAS BEEN ESTABLISHED BY THE CHIEF OR OFFI-
 CER IN CHARGE. THE CHIEF OR OFFICER IN CHARGE  SHALL  DETERMINE  IF  ANY
 SUCH  PARTICIPANT  IS  ALLOWED  TO  RESPOND TO AN EMERGENCY IN A VEHICLE
 USING LIGHTS AND/OR SIRENS.   FURTHERMORE,  SUCH  PARTICIPANTS  MAY  NOT
 ENTER  A  BURNING  STRUCTURE  NOR  SHALL PARTICIPANTS IN A YOUTH PROGRAM
 PURSUANT TO THIS SECTION FALL UNDER THE DEFINITION OF  ACTIVE  VOLUNTEER
 FIREFIGHTER  AS  DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS'
 BENEFIT LAW.
   7. Volunteer fire departments and fire companies may purchase accident
 insurance to insure participants in  such  programs  against  injury  or
 death  resulting  from  bodily  injuries  sustained  in  performance  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11600-03-2
 S. 7359--A                          2
 
 approved activities. In addition, they may purchase insurance to protect
 against  liability  arising  from  approved  activities.  The  insurance
 purchased  pursuant to this subdivision may include medical and hospital
 coverage.  A  VOLUNTEER  FIRE DEPARTMENT OR FIRE COMPANY SHALL NOT ALLOW
 PARTICIPANTS IN SUCH PROGRAM TO RIDE IN ANY VEHICLE OWNED OR OPERATED BY
 SUCH VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY,  UNLESS  SUCH  VOLUNTEER
 FIRE  DEPARTMENT  OR  FIRE  COMPANY  HAS  PURCHASED INSURANCE PROTECTING
 AGAINST LIABILITY THAT COULD ARISE FROM SUCH PARTICIPANT  BEING  INJURED
 IN AN ACCIDENT WHILE RIDING IN SUCH VEHICLE.
   § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 260.10 Endangering the welfare of a child.
   1. A person is guilty of endangering the welfare of a child when:
   [1.]  (A)  He or she knowingly acts in a manner likely to be injurious
 to the physical, mental or moral welfare of a child less than  seventeen
 years old or directs or authorizes such child to engage in an occupation
 involving a substantial risk of danger to his or her life or health; or
   [2.] (B) Being a parent, guardian or other person legally charged with
 the  care  or custody of a child less than eighteen years old, he or she
 fails or refuses to exercise reasonable diligence in the control of such
 child to  prevent  him  or  her  from  becoming  an  "abused  child,"  a
 "neglected  child,"  a  "juvenile  delinquent"  or  a "person in need of
 supervision," as those terms are defined  in  articles  ten,  three  and
 seven of the family court act.
   [3.]  2. A person is not guilty of the provisions of this section when
 he or she engages in the conduct described in subdivision one of section
 260.00 of this article: (a) with the intent to wholly abandon the  child
 by relinquishing responsibility for and right to the care and custody of
 such  child;  (b)  with  the intent that the child be safe from physical
 injury and cared for in an appropriate manner; (c)  the  child  is  left
 with an appropriate person, or in a suitable location and the person who
 leaves  the child promptly notifies an appropriate person of the child's
 location; and (d) the child is not more than thirty days old.
   3. A VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY  OR  A  MEMBER  THEREOF
 SHALL  NOT  BE  GUILTY  OF  A  VIOLATION OF THIS SECTION FOR ENGAGING IN
 ACTIONS AUTHORIZED UNDER SECTION  TWO  HUNDRED  FOUR-B  OF  THE  GENERAL
 MUNICIPAL LAW AS PART OF A YOUTH PROGRAM.
   Endangering the welfare of a child is a class A misdemeanor.
   §  3.  Paragraph (e) of subdivision 1 of section 35.07 of the arts and
 cultural affairs law is amended to read as follows:
   (e) In any practice or exhibition or place dangerous or  injurious  to
 the  life,  limb, health or morals of such child provided, however, that
 the provisions of this paragraph shall not apply to: (I)  service  as  a
 member  of a certified volunteer ambulance service under the supervision
 of an emergency medical technician as provided in article thirty of  the
 public  health  law by youthful volunteers at least fifteen years of age
 who hold a current American Red Cross advanced first aid  and  emergency
 care  card; OR (II) PARTICIPATION IN ACTIVITIES AUTHORIZED UNDER SECTION
 TWO HUNDRED FOUR-B OF THE GENERAL MUNICIPAL  LAW  AS  PART  OF  A  YOUTH
 PROGRAM.
   § 4. This act shall take effect immediately.