S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1633
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A. McMAHON, WOERNER, SIMON, BUTTENSCHON, CONRAD,
   HUNTER, STIRPE, SANTABARBARA, JENSEN, SMULLEN, TAGUE, DeSTEFANO, McDO-
   NOUGH, ANGELINO -- read once and referred to the  Committee  on  Local
   Governments
 
 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] THE CHIEF'S 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 OFFICER IN CHARGE. THE CHIEF OR OFFICER IN CHARGE SHALL  DETER-
 MINE  IF ANY SUCH PARTICIPANT IS ALLOWED TO RESPOND TO AN EMERGENCY IN A
 VEHICLE USING LIGHTS AND/OR  SIRENS.    FURTHERMORE,  SUCH  PARTICIPANTS
 SHALL  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 FIRE-
 FIGHTERS' 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
 purchased pursuant to this subdivision may include medical and  hospital
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00604-01-5
              

 A. 1633                             2
 
 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. He or she] (A) SUCH PERSON 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] SUCH
 CHILD'S 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]
 SUCH PERSON fails or refuses to exercise  reasonable  diligence  in  the
 control  of  such child to prevent [him or her] SUCH CHILD 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] SUCH PERSON 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 thir-
 ty 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.