S T A T E O F N E W Y O R K
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6009--A
Cal. No. 180
2025-2026 Regular Sessions
I N S E N A T E
March 4, 2025
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted 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, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general municipal law, the penal law, the arts and
cultural affairs law and the volunteer firefighters' benefit law, in
relation to participants in youth programs sponsored by fire depart-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2, 5 and 7 of section 204-b of the general
municipal law, as added by chapter 386 of the laws of 1978, are amended
to read as follows:
1. Volunteer fire departments and fire companies may establish, oper-
ate and maintain youth programs to provide participants with the oppor-
tunity to become familiar with the TRAINING, programs and operations of
fire departments, to provide programs in community fire safety, fire
prevention, and public fire prevention education, and to curtail false
fire alarms by developing community wide respect for the fire service.
2. Volunteer fire departments and fire companies shall establish rules
and regulations governing youth programs established pursuant to subdi-
vision one hereof, which shall include the minimum and maximum age for
participation, the procedure for participation, removal or expulsion,
residence, and provision for adequate supervision of such programs.
VOLUNTEER FIRE DEPARTMENTS AND FIRE COMPANIES SHALL ALSO ESTABLISH WRIT-
TEN SAFETY OR TRAINING PROCEDURES FOR EVERY YOUTH PROGRAM ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, WHICH SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROHIBITIONS AND GUIDELINES SET FORTH IN SUBDIVI-
SIONS FIVE AND SEVEN OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00604-02-6
S. 6009--A 2
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. PROVIDED, FURTHER, A VOLUNTEER FIRE DEPARTMENT
OR FIRE COMPANY SHALL NOT ALLOW PARTICIPANTS IN SUCH PROGRAM TO TAKE
PART IN ANY ACTIVITY SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED
THIRTY-THREE OF THE LABOR 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
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
S. 6009--A 3
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. Paragraph n of subdivision 1 of section 5 of the volunteer fire-
fighters' benefit law, as amended by chapter 161 of the laws of 1983, is
amended to read as follows:
n. While, [within the state and] pursuant to orders or authorization,
performing work or service [leading or directing] INVOLVING a youth
program established pursuant to section two hundred four-b of the gener-
al municipal law, including necessary travel directly connected there-
with, as well as necessary travel to and necessary travel returning from
such activity. This paragraph shall not be interpreted as providing
coverage for participants in such youth programs.
§ 5. This act shall take effect immediately.
