S T A T E O F N E W Y O R K
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10577
I N S E N A T E
May 26, 2026
___________
Introduced by Sen. WEBER -- 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, the volunteer firefighters'
benefit law and the town law, in relation to providing pay per call
and paid on call stipends for volunteer firefighters and travel
expense reimbursement for call response
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. PAY PER CALL AND PAID ON CALL NOMINAL COMPENSATION
(STIPENDS) FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES OF THIS SECTION:
(A) "FIRE DEPARTMENT" AND "FIRE COMPANY" SHALL HAVE THE MEANINGS AS
DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW;
(B) "PAY PER CALL COMPENSATION (STIPEND)" MEANS PAYMENT OF A NOMINAL
FEE TO A VOLUNTEER FIREFIGHTER OF A STIPEND FOR RESPONSE TO AN EMERGENCY
CALL OF THEIR FIRE DEPARTMENT OR FIRE COMPANY AS DEFINED IN THE LOCAL
RULES AND REGULATIONS ESTABLISHED FOR THE PROGRAM;
(C) "PAID ON CALL COMPENSATION (STIPEND)" MEANS A PAYMENT OF A NOMINAL
FEE TO A VOLUNTEER FIREFIGHTER FOR PARTICIPATING IN A STANDBY ACTIVITY
AS DEFINED IN THE LOCAL RULES AND REGULATIONS ESTABLISHED FOR THE
PROGRAM;
(D) "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW. AN ACTIVE
VOLUNTEER FIREFIGHTER MAY PARTICIPATE IN A PAY PER CALL AND PAID ON CALL
STIPEND PROGRAM ADOPTED UNDER THIS STATUTE AND SUCH PARTICIPATION SHALL
NOT CAUSE THAT VOLUNTEER FIREFIGHTER OR CALL FIREFIGHTER TO BE CONSID-
ERED A PAID FIREFIGHTER AS THAT TERM IS USED IN SECTION ONE HUNDRED
SEVENTY-SIX OF THE TOWN LAW OR ANY OTHER STATUTE;
(E) "CALL FIREFIGHTER" MEANS A VOLUNTEER FIREFIGHTER PARTICIPATING IN
A PAY PER CALL AND PAID ON CALL COMPENSATION (STIPEND) PROGRAM. SUCH
PARTICIPATION SHALL NOT CHANGE SUCH FIREFIGHTER'S VOLUNTEER STATUS; AND
(F) "AUTHORITY HAVING JURISDICTION" MEAN THE GOVERNING BOARD OF A
CITY, TOWN, VILLAGE OR FIRE DISTRICT WHICH MAINTAINS A VOLUNTEER FIRE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15208-01-6
S. 10577 2
DEPARTMENT OR VOLUNTEER FIRE COMPANY OR WHICH CONTRACTS WITH A VOLUNTEER
FIRE DEPARTMENT OR FIRE COMPANY TO RECEIVE FIRE PROTECTION AND RELATED
EMERGENCY SERVICES OUTSIDE OF A FIRE DISTRICT.
2. THE AUTHORITY HAVING JURISDICTION OVER A VOLUNTEER FIRE DEPARTMENT
OR FIRE COMPANY IN A COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT, FIRE
PROTECTION DISTRICT, ANY OTHER ENTITY THAT OPERATES A VOLUNTEER FIRE
DEPARTMENT OR COMPANY, AN INDEPENDENT VOLUNTEER FIRE COMPANY, OR AN
INDEPENDENT FIRE COMPANY THAT OPERATES AS A FIRE CORPORATION MAY ELECT
TO PERMIT ACTIVE VOLUNTEER FIREFIGHTERS TO SERVE AS CALL FIREFIGHTERS
SUCH THAT THEY MAY RECEIVE A STIPEND EACH TIME SUCH CALL FIREFIGHTER
RESPONDS TO AN EMERGENCY CALL OF THEIR FIRE DEPARTMENT OR FIRE COMPANY
AND/ OR PROVIDES CERTAIN STANDBY SERVICES.
3. A PAY PER CALL AND/OR PAID ON CALL COMPENSATION (STIPEND) PROGRAM
FOR VOLUNTEER FIREFIGHTERS OF A FIRE DEPARTMENT OR FIRE COMPANY MAY BE
APPROVED BY THE AUTHORITY HAVING JURISDICTION OVER A VOLUNTEER FIRE
DEPARTMENT OR FIRE COMPANY IN A COUNTY, CITY, TOWN, VILLAGE, FIRE
DISTRICT, FIRE PROTECTION DISTRICT, ANY OTHER ENTITY THAT OPERATES A
VOLUNTEER FIRE DEPARTMENT OR COMPANY, AN INDEPENDENT VOLUNTEER FIRE
COMPANY, OR AN INDEPENDENT FIRE COMPANY THAT OPERATES AS A FIRE CORPO-
RATION BY LOCAL LAW, ORDINANCE OR RESOLUTION SETTING BASIC RULES FOR THE
PROGRAM AND THE PROGRAM MAY LATER BE DISCONTINUED BY THAT ENTITY BY
LOCAL LAW, ORDINANCE OR RESOLUTION IF IT DETERMINES THAT THE PROGRAM NO
LONGER IS IN THE BEST INTERESTS OF THE COMMUNITY SERVED. ONLY THE
AUTHORITY HAVING JURISDICTION MAY AUTHORIZE THE EXPENDITURE OF ITS OPER-
ATING FUNDS ON SUCH PROGRAM. A VOLUNTEER FIRE DEPARTMENT OR COMPANY, AN
INDEPENDENT VOLUNTEER FIRE COMPANY, OR AN INDEPENDENT FIRE COMPANY THAT
OPERATES AS A FIRE CORPORATION MAY AUTHORIZE THE EXPENDITURE OF DEPART-
MENT, COMPANY OR CORPORATE FUNDS ON THE PROGRAM WITH THE CONSENT OF THE
AUTHORITY HAVING JURISDICTION. A VOLUNTEER FIREFIGHTER MAY ONLY RECEIVE
COMPENSATION OR BE PAID ONE STIPEND PER ACTIVITY.
4. THE AMOUNT OF SUCH PAY PER CALL COMPENSATION (STIPENDS) SHALL BE
SET BY THE ENTITY THAT HAS AUTHORIZED THE PROGRAM. TOTAL COMPENSATION
(STIPEND) SHALL REMAIN TRULY NOMINAL AND SHOULD NOT EXCEED TWENTY
PERCENT OF THE AMOUNT PAID BY A PUBLIC AGENCY PROVIDING SIMILAR SERVICES
IN YOUR AREA, AS PERMITTED UNDER THE FAIR LABOR STANDARDS ACT TO RETAIN
VOLUNTEER STATUS. THE ENTITY THAT HAS AUTHORIZED, ESTABLISHED, AND
AGREED TO HAVE ITS FUNDS EXPENDED ON THE PROGRAM SHALL BE REQUIRED TO
FUND THE PROGRAM AND MAINTAIN THE FINANCIAL DOCUMENTATION FOR THE
PROGRAM.
5. VOLUNTEER FIREFIGHTERS MAY WAIVE THEIR RIGHT TO PARTICIPATE IN A
PAY PER CALL AND PAID ON CALL COMPENSATION (STIPEND) PROGRAM CREATED FOR
THEIR FIRE DEPARTMENT OR FIRE COMPANY AND MAY RESPOND TO EMERGENCY CALLS
WITHOUT RECEIVING ANY STIPEND PAYMENTS. VOLUNTEER FIREFIGHTERS WISHING
TO WAIVE THEIR RIGHT TO PARTICIPATE IN THE PROGRAM SHALL FILE A WRITTEN
WAIVER WITH THE AUTHORITY MANAGING THE PROGRAM ON THE FORM IT CREATES
FOR THAT PURPOSE. FAILURE TO REGISTER FOR THE PROGRAM IF REGISTRATION IS
REQUIRED SHALL ALSO SERVE AS A WAIVER.
6. VOLUNTEER FIREFIGHTERS RECEIVING PAY PER CALL AND PAID ON CALL
STIPENDS MUST MEET ALL CRITERIA AND REQUIREMENTS NECESSARY TO BE AN
ACTIVE VOLUNTEER FIREFIGHTER. THEY SHALL MEET ALL ENTRY LEVEL AND PERI-
ODIC PHYSICAL EXAMINATION REQUIREMENTS SET BY THE AUTHORITY HAVING
JURISDICTION OVER THE FIRE DEPARTMENT OR FIRE COMPANY AND APPROVED BY
ITS PHYSICIAN TO PERMIT VOLUNTEER FIREFIGHTERS TO RESPOND TO EMERGENCY
CALLS AND RENDER ASSISTANCE AT EMERGENCY CALLS. THEY SHALL MEET ALL
TRAINING REQUIREMENTS FOR VOLUNTEER FIREFIGHTERS ESTABLISHED BY THE
OFFICE OF FIRE PREVENTION AND CONTROL BEST PRACTICES INITIATIVE, THE
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DEPARTMENT OF HEALTH (RELATIVE TO RENDERING EMERGENCY MEDICAL SERVICES)
AND THE LOCAL AUTHORITY HAVING JURISDICTION OVER THE FIRE DEPARTMENT OR
FIRE COMPANY. THEY SHALL MEET ATTENDANCE REQUIREMENTS SET BY THE LOCAL
AUTHORITY HAVING JURISDICTION OVER THE FIRE DEPARTMENT OR FIRE COMPANY.
7. THE LOCAL AUTHORITY HAVING JURISDICTION OVER THE FIRE DEPARTMENT OR
FIRE COMPANY MAY SET RULES AND REGULATIONS TO GOVERN ITS PAY PER CALL
AND PAID ON CALL STIPEND PROGRAM AND MAY DENY PAYMENTS TO PERSONNEL WHO
DO NOT MEET THOSE REQUIREMENTS.
8. ELIGIBLE PERSONNEL WILL BE ACTIVE MEMBERS, WHO ARE ADEQUATELY
TRAINED AND QUALIFIED TO RAPIDLY RESPOND TO ALL TYPES OF EMERGENCY
CALLS. NO COMPENSATION (STIPENDS) SHALL BE PAID TO PERSONNEL WHO DO NOT
RESPOND TO EMERGENCY CALLS ON APPARATUS, AMBULANCES, AND VEHICLES TO THE
SCENE OF THESE EMERGENCY CALLS AND MEET ALL THE MINIMUM QUALIFICATIONS
SET FORTH, BASED UPON RULES SET FOR EMERGENCY RESPONSES BY THE AUTHORITY
HAVING JURISDICTION.
9. VOLUNTEER FIREFIGHTERS RECEIVING PAY PER CALL AND PAID ON CALL
COMPENSATION (STIPENDS) SHALL BE PERMITTED TO EARN POINTS AND RECEIVE
PAYMENTS UNDER A SERVICE AWARD PROGRAM ADOPTED FOR THEIR FIRE DEPARTMENT
OR FIRE COMPANY UNDER ARTICLE ELEVEN-A OF THIS CHAPTER.
10. ANY PAY PER CALL OR PAID ON CALL COMPENSATION (STIPEND) RECEIVED
BY A VOLUNTEER FIREFIGHTER UNDER THIS SECTION SHALL NOT BE DEEMED REMUN-
ERATION OR GRATUITY UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR ANY
OTHER PROVISION OF LAW AND SHALL NOT INTERFERE WITH OR IMPACT THE VOLUN-
TEER STATUS OF VOLUNTEER FIREFIGHTERS UNDER THE VOLUNTEER FIREFIGHTERS'
BENEFIT LAW OR ANY OTHER PROVISION OF LAW.
§ 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
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; RECEIPT OF A PAY
PER CALL AND/OR PAID ON CALL COMPENSATION (STIPEND) AS OUTLINED IN
SECTION TWO HUNDRED-AAA 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; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of the general municipal law, and the acceptance of transporta-
tion, food, drink, shelter, clothing and similar items while on duty or
engaged in such activities.
§ 3. 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
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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 PAY PER CALL AND/OR PAID ON
CALL COMPENSATION (STIPEND) AS OUTLINED IN SECTION TWO HUNDRED-AAA OF
THE GENERAL MUNICIPAL LAW.
§ 4. The section heading of section 72-g of the general municipal law,
as amended by chapter 236 of the laws of 2006, is amended and a new
subdivision 4 is added to read as follows:
Expenses of volunteer firefighters attending training schools and
instruction courses, AND REIMBURSEMENT FOR TRAVEL EXPENSES INCURRED IN
RESPONSE TO EMERGENCY CALLS.
4. THE GOVERNING BOARD OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT MAY,
BY LOCAL LAW, ORDINANCE OR RESOLUTION AUTHORIZE VOLUNTEER FIREFIGHTERS
SERVING A FIRE DEPARTMENT OR FIRE COMPANY UNDER THEIR CONTROL TO BE
PERMITTED TO RECEIVE REIMBURSEMENT FOR TRAVEL EXPENSES RELATED TO
RESPONDING TO EMERGENCY CALLS OF SAID DEPARTMENT OR COMPANY AND MAY FUND
THE COST OF SUCH REIMBURSEMENT. SUCH VOLUNTEER FIREFIGHTERS MAY BE PAID
A REASONABLE MILEAGE ALLOWANCE FOR EACH MILE ACTUALLY AND NECESSARILY
TRAVELED BY THE VOLUNTEER FIREFIGHTER IN ATTENDING SUCH EMERGENCY CALL
OF THEIR FIRE DEPARTMENT. SUCH MILEAGE ALLOWANCE SHALL NOT EXCEED THE
STANDARD TRAVEL ALLOWANCE FOR MILEAGE ADOPTED OR PRESCRIBED FOR FEDERAL
INCOME TAX PURPOSES. ANY CLAIM FOR SUCH EXPENSES OR REIMBURSEMENT SHALL
HAVE ENDORSED THEREON, OR ATTACHED THERETO, A STATEMENT BY THE CHIEF
OFFICER OF THE FIRE DEPARTMENT THAT THE ATTENDANCE OF SUCH VOLUNTEER AT
SAID EMERGENCY CALL WAS VERIFIED AND THAT THE VOLUNTEER RESPONDED TO THE
SCENE OF THE EMERGENCY IN ACCORDANCE WITH THE RULES OF THE DEPARTMENT OR
COMPANY. IN THE ALTERNATIVE THE REIMBURSEMENT PROGRAM MAY PROVIDE A
GASOLINE GIFT CARD VALUED AT THE COST OF THE FUEL THAT WOULD HAVE BEEN
USED FOR SUCH EMERGENCY RESPONSES.
§ 5. Subdivision 18 of section 176 of the town law is amended by
adding a new paragraph 18 to read as follows:
(18) THE COST OF PROVIDING A PAY PER CALL OR PAID ON CALL STIPEND
PROGRAM FOR VOLUNTEER FIREFIGHTERS OF THE FIRE DEPARTMENT AND FIRE
COMPANIES OF THE FIRE DISTRICT PURSUANT TO SECTION TWO HUNDRED-AAA OF
THE GENERAL MUNICIPAL LAW AND THE COST OF PROVIDING TRAVEL EXPENSE
REIMBURSEMENTS FOR VOLUNTEER FIREFIGHTERS RESPONDING TO EMERGENCY CALLS
PURSUANT TO SECTION SEVENTY-TWO-G OF THE GENERAL MUNICIPAL LAW.
§ 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
