S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1238--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. McMAHON, WOERNER, SIMON, BUTTENSCHON, CONRAD,
   HUNTER, WALLACE,  SILLITTI,  STIRPE,  SANTABARBARA,  JENSEN,  SMULLEN,
   TAGUE, DeSTEFANO, McDONOUGH, ANGELINO -- read once and referred to the
   Committee  on Local Governments -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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
 approved activities. In addition, they may purchase insurance to protect
 against  liability  arising  from  approved  activities.  The  insurance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01358-02-3
              

 A. 1238--A                          2
 
 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 OR AS AN ACTIVE VOLUNTEER MEMBER OF A FIRE DEPARTMENT.
   § 4. This act shall take effect immediately.