Assembly Bill A10591

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10591
 
                           I N  A S S E M B L Y
 
                              March 13, 2026
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law and the  volunteer  firefight-
   ers'  benefit law, in relation to authorizing municipalities to estab-
   lish a stipend program for volunteer firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 200-aaa to read as follows:
   § 200-AAA. STIPEND PROGRAM FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES
 OF THIS SECTION:
   (A) "FIRE COMPANY" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
   (B)  "STIPEND  PROGRAM" MEANS THE PAYMENT OF A NOMINAL FEE TO A VOLUN-
 TEER FIREFIGHTER FOR THE COMPLETION OF SCHEDULED DUTY COVERAGE AS DETER-
 MINED BY THE AUTHORITY HAVING JURISDICTION.
   (C) "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED  IN
 SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
   2. THE GOVERNING BOARD OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT, FIRE
 PROTECTION  DISTRICT,  OR  OTHER  AUTHORITY  HAVING JURISDICTION MAY, BY
 LOCAL LAW, ORDINANCE OR RESOLUTION,  ESTABLISH  A  STIPEND  PROGRAM  FOR
 VOLUNTEER  FIREFIGHTERS  AND DETERMINE THE STRUCTURE, SCHEDULING, ELIGI-
 BILITY REQUIREMENTS, AND COMPENSATION PARAMETERS OF SUCH PROGRAM.
   3. ANY STIPEND PROVIDED PURSUANT TO A  STIPEND  PROGRAM  ESTABLISHMENT
 UNDER  THIS  SECTION  SHALL NOT BE DEEMED REMUNERATION OR GRATUITY UNDER
 THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR ANY OTHER  PROVISION  OF  LAW
 AND SHALL NOT INTERFERE WITH OR IMPACT THE VOLUNTEER STATUS OF VOLUNTEER
 FIREFIGHTERS  UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR ANY OTHER
 PROVISION OF LAW.
   4. THE OFFICE OF FIRE PREVENTION AND  CONTROL  MAY  ISSUE  NON-BINDING
 GUIDELINES  TO ASSIST AUTHORITIES HAVING JURISDICTION IN THE DEVELOPMENT
 AND ADMINISTRATION OF STIPEND  PROGRAMS  ESTABLISHED  PURSUANT  TO  THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14797-02-6
              

 A. 10591                            2
 
   §  2.  Paragraph  c  of  subdivision 1 of section 205-g of the general
 municipal law, as amended by section 3 of part H of chapter  55  of  the
 laws of 2023, is amended to read as follows:
   c.  "Line of duty" means the performance by a volunteer firefighter of
 the duties and activities described in subdivision one of  section  five
 of  the volunteer firefighters' benefit law and the same such duties and
 activities performed for a specialized team established pursuant to  the
 provisions  of section two hundred nine-bb of this article for which the
 volunteer firefighter does not receive any remuneration  or  a  gratuity
 and  shall  be deemed to include any date of injury as determined by the
 workers' compensation  board  pursuant  to  the  provisions  of  section
 forty-one  of  the  volunteer  firefighters'  benefit law. The following
 shall not be deemed to be remuneration or a gratuity:  reimbursement  of
 expenses for meals, lodging and actual and necessary travel; the receipt
 of  a  mileage  allowance  in  lieu  of travel expense; reimbursement of
 expenses for registration and tuition fees payable under section  seven-
 ty-two-g of this chapter, the acceptance of transportation, food, drink,
 shelter,  clothing  and  similar  items while on duty or engaged in such
 activities; [and] receipt of a training stipend as outlined  in  section
 two  hundred-aa  of  this  article; AND RECEIPT OF A STIPEND PURSUANT TO
 SECTION TWO HUNDRED-AAA OF THIS ARTICLE.
   § 3. Subdivision 3 of section 3 of the volunteer  firefighters'  bene-
 fit  law, as amended by section 1 of part H of chapter 55 of the laws of
 2023, is amended  to read as follows:
   3. "Line of duty" means the performance by a volunteer firefighter  as
 a volunteer firefighter of the duties and activities described in subdi-
 vision  one of section five of this chapter and the same such duties and
 activities performed for a specialized team established pursuant to  the
 provisions  of  section two hundred nine-bb of the general municipal law
 for which the volunteer firefighter does not receive any remuneration or
 a gratuity and shall be deemed to include any date of injury  as  deter-
 mined  by  the workers' compensation board pursuant to the provisions of
 section forty-one of this chapter. The following shall not be deemed  to
 be remuneration or a gratuity: receipt of a training stipend as outlined
 in section two hundred-aa of the general municipal law; reimbursement of
 expenses for meals, lodging and actual and necessary travel; the receipt
 of  a  mileage allowance in lieu of travel expense; RECEIPT OF A STIPEND
 PURSUANT TO SECTION  TWO  HUNDRED-AAA  OF  THE  GENERAL  MUNICIPAL  LAW;
 reimbursement  of  expenses  for  registration  and tuition fees payable
 under section seventy-two-g  of  the  general  municipal  law,  and  the
 acceptance of transportation, food, drink, shelter, clothing and similar
 items while on duty or engaged in such activities.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized to  be  made  and
 completed on or before such date.