This bill has been amended

Bill S2679-2013

Authorizes volunteer firefighters from other states to offer and provide their services to fire departments, districts and companies in this state

Authorizes volunteer firefighters from other states to offer and provide their services to fire departments, districts and companies in this state.

Details

Actions

  • Jan 23, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S2679

TITLE OF BILL: An act to amend the general municipal law, in relation to authorizing volunteer firefighters from other states to provide assistance to fire departments, companies and districts in this state

PURPOSE: Authorizes volunteer firefighters from other states to offer and provide their services to fire departments, districts and companies in this State.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1, 1-a and 3 of section 209-i of the general municipal law to permit a volunteer fireman, who resides outside of New York State, to offer their services to a fire department, company or district within New York State for a fire or other emergency, ambulance services or training. The definition of a volunteer fireman is amended to include the definition of a volunteer fireman from the fireman's state of residence.

Section 2 states the enactment date.

JUSTIFICATION: Summer time in New York brings many tourists in to visit state attractions and with it a sharp increase in population. This warm weather brings with it millions of visitors interested in the arts, sports, natural history and cultural center attractions of New York State,

There are many individuals who have been trained as volunteer firefighters and even served in New York state before taking up primary residence in another state, Many often come back to reside in New York for several months a year during tourist seasons when an influx of people to various regions of the state puts a greater demand on emergency services.

This bill would clarify an ambiguity that prevents out of state volunteer firemen from volunteering in local fire departments during the time period when they are temporarily residing in New York. It will also help in rural counties where volunteer fire departments will be able to recruit firefighters from bordering states.

By allowing out of state individuals to volunteer while in New York, fire departments would have additional staff to cope with the burgeoning populations and emergency services that are needed during tourist seasons.

LEGISLATIVE HISTORY: 2011,2012: S.4785/A.10172 Referred to Local Government

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2679 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. YOUNG -- 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, in relation to authorizing volunteer firefighters from other states to provide assistance to fire departments, companies and districts in this state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 1-a and 3 of section 209-i of the general municipal law, subdivisions 1 and 3 as amended by chapter 967 of the laws of 1965 and subdivision 1-a as amended by chapter 354 of the laws of 1999, are amended to read as follows: 1. Whenever a volunteer fireman, WHETHER HE OR SHE IS A RESIDENT OF THIS STATE OR ANOTHER STATE, is within this state, but outside the area regularly served by the fire company or fire department of which he OR SHE is a member and has knowledge of a fire or other emergency at or near the place where he OR SHE is for the time being, such volunteer fireman may report to the officer in command of the paid or volunteer fire company or paid or volunteer fire department, or in command of one of the paid or volunteer fire companies or one of the paid or volunteer fire departments, engaged in the handling of any such fire or other emergency and, on an individual basis, offer his OR HER services to assist such fire company or fire department. After his OR HER services are so accepted, the volunteer fireman shall then be entitled to all powers, rights, privileges and immunities granted by law to volunteer firemen during the time such services are rendered, in the same manner and to the same extent as if he OR SHE were a volunteer member of the fire company or fire department which he OR SHE is assisting, including benefits under the volunteer firemen's benefit law. Any such commanding officer shall have power, in his OR HER discretion, to so accept the services of a volunteer fireman unless the legislative body of the city or the village, the board of fire commissioners or other governing board
of the fire district, or the town board of the town in relation to (a) the fire companies serving territory outside villages and fire districts or (b) a town fire department, as the case may be, by resolution hereto- fore or hereafter adopted, has forbidden the acceptance of any such services pursuant to this section. Any such resolution shall continue in effect until amended or repealed by the adoption of a subsequent resol- ution. The officer in charge of any fire company or fire department shall be notified promptly of the adoption of any such resolution and of any amendment or repeal thereof. 1-a. A volunteer firefighter WHO IS A RESIDENT OF THIS STATE OR ANOTH- ER STATE AND who, because of his OR HER residence or usual occupation, is regularly in the area served by a volunteer fire company or depart- ment of which he OR SHE is not a member may nevertheless volunteer his OR HER services on an on-going basis to the officer in command thereof to assist such fire company or fire department for the purpose of assisting such company or department's general or emergency ambulance services, or for the purpose of assisting such fire company or fire department at a fire or other emergency scene or for the purpose of training with such fire company or fire department. After his OR HER services are so accepted, the volunteer firefighter shall then be enti- tled to all powers, rights, privileges and immunities granted by law to volunteer firefighters during the time such services are rendered, in the same manner and to the same extent as if he OR SHE were a volunteer member of the fire company or fire department which he OR SHE is assist- ing, including benefits under the volunteer firefighters' benefit law. Any such commanding officer when authorized by the legislative body of the city or the village, the board of fire commissioners or other governing board of the fire district, or the town board of the town in relation to (a) the fire companies serving territory outside villages and fire districts or (b) a town fire department, as the case may be, shall have power, in his discretion, to so accept the services of a volunteer firefighter. 3. As used in this section, the term "volunteer fireman" means a "volunteer fireman" as such term is defined in section three of the volunteer firemen's benefit law OR AS SUCH TERM IS DEFINED IN THE STATE IN WHICH THE VOLUNTEER FIREMAN RESIDES; the term "area regularly served" means the home area of the volunteer fireman as described in subdivi- sions one, two, three, four or five of section thirty of the volunteer firemen's benefit law and, in addition, any other area served pursuant to a contract for fire protection, OR THE STATE IN WHICH THE VOLUNTEER FIREMAN RESIDES, and the terms "fire company" and "fire department" shall include emergency rescue and first aid squads or other squads or units of a fire company or fire department. S 2. This act shall take effect immediately.

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