Provides that volunteer firefighters who die or have died in the line of duty, as determined by an authoritative agency, have their names inscribed on the New York state fallen firefighter memorial.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the volunteer firefighters' benefit law, in relation to the New York state fallen firefighter memorial
PURPOSE OR GENERAL IDEA OF BILL: To include all firefighters whose death resulted from services performed in the line of duty to be inscribed on the memorial at the Capitol Mall in Albany
SUMMARY OF SPECIFIC PROVISIONS: See Bill.
JUSTIFICATION: Before its inception in 1995, the operation and mission of the Fallen Firefighters Memorial was decided through an extensive collaboration between the Executive branch and firefighters from across the state, including paid and non-paid.
It was decided then, under Governor George Pataki, that any firefighter despite receiving a salary or not, deserved to be recognized and remembered by having their name inscribed on the wall in New York state's capital.
It was decided on April 30, 1998, by James McGowan (a retired PUNY lieutenant), Gunnar Nielsen, (who at the time was president of the Firemen's Association of the State of New York), and Governor Pataki that the criterion was to be as follows:
1. The person must be a bona fide member of a recognized Fire protection Prevention organization.
2. The person must be engaged in a "line of duty" activity.
3. The death must be a direct and proximate result of the line of duty injury.
First, Paul Brady was a bona fide member for six years of the Malverne Fire Department. According to New York State law and Federal law, Paul Brady was engaged in line-of-duty activity. He was engaged in "testing fire apparatus and equipment, fire alarm systems, water supply systems and fire cisterns" as is defined as "line of duty" in New York State law.
According to the United States Fire Administration, through PENA and federal law, Paul Brady was engaged in "in-station duties" and is therefore classified under "other-on-duty status" and therefore was included on the United States Fallen Firefighters Memorial in Emmitsburu, Maryland.
Under the State of New York's Worker's Compensation Board Paul Brady "had an injury in the line of duty as a volunteer firefighter which resulted in death."
Routine maintenance is done to keep the oxygen tanks full, the Jaws of Life charged and the fire truck running as efficiently as possible. If anything, Firefighter Brady's tragic death only proves the point that every task, no matter how routine it may seem, is an act of dedication.
The Fallen Firefighters Memorial is a source of pride and honor for every firefighter in our state. The annual October ceremony draws firefighters from every company in New York. In gathering together to recognize those who made the ultimate sacrifice, the ceremony and the Memorial become a source of healing.
PRIOR LEGISLATIVE HISTORY: 2009/2010 - S.8450 - Referred to Rules S.6628 - Referred to Local Government
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4655 2011-2012 Regular Sessions IN SENATE April 14, 2011 ___________Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the volunteer firefighters' benefit law, in relation to the New York state fallen firefighter memorial THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7 of the volunteer firefighters' benefit law is amended by adding a new subdivision 47 to read as follows: 47. IN THE CASE OF A DEATH OF A VOLUNTEER FIREFIGHTER, REGARDLESS OF WHETHER SUCH DEATH OCCURRED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THAT RESULTS FROM SERVICES PERFORMED IN THE LINE OF DUTY, AS DETERMINED BY AN AUTHORITATIVE AGENCY INCLUDING, BUT NOT LIMIT- ED TO, THE WORKERS' COMPENSATION BOARD, THE FEDERAL DEPARTMENT OF JUSTICE, THE OFFICE OF FIRE PREVENTION AND CONTROL OR PURSUANT TO THIS CHAPTER, THE NAME OF THAT FIREFIGHTER SHALL BE INSCRIBED UPON THE NEW YORK STATE FALLEN FIREFIGHTER MEMORIAL ON THE CAPITOL MALL IN ALBANY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04215-01-1