Entitles a volunteer firefighter or ambulance worker to certain benefits when such volunteer provides services when there is no jurisdictional officer in command present.
TITLE OF BILL: An act to amend the general municipal law, in relation to volunteer firefighter and volunteer ambulance worker response
PURPOSE: The purpose of the legislation is to provide coverage for volunteer firefighters and ambulance workers when they are injured in the line of duty.
SUMMARY OF PROVISIONS: Section 1 of the legislation amends the general municipal law to address VFBL and VAWBL coverage for volunteers who provide emergency services before an officer in command arrives on the accident scene.
Section 2 of the legislation is the effective date.
JUSTIFICATION: Volunteer emergency response is dangerous. A reliable source of protection for volunteers is the volunteer firefighters' benefit law (VFBL) and the volunteer ambulance workers' benefit law (VAWBL). VFBL and VAWBL provide coverage similar to workers' compensation for injuries sustained in the line of duty. However, in some instances coverage is not provided even though the volunteer is injured in the line of duty. One such instance occurs when a volunteer is providing emergency services outside of his regular jurisdiction before an "officer in command" arrives on the scene. Unfortunately, if the volunteer is injured before the officer in command arrives, coverage can be (and is) denied. This quirk in the law can be addressed by making it permissive for a local government entity and fire company to authorize coverage for volunteers responding in these circumstances, thereby encouraging the best possible emergency response service to the citizens of the state.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5625 2011-2012 Regular Sessions IN SENATE June 7, 2011 ___________Introduced by Sen. GRIFFO -- 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 volunteer firefighter and volunteer ambulance worker response THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 209-i of the general municipal law is amended by adding a new subdivision 1-b to read as follows: 1-B. IN THE EVENT THAT AN ACTIVE VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER PROVIDES SERVICES UNDER SUBDIVISION ONE OF THIS SECTION WHEN THERE IS NO JURISDICTIONAL OFFICER IN COMMAND PRESENT, SUCH VOLUN- TEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER SHALL BE ENTITLED TO COVERAGE UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW DURING THE TIME SUCH SERVICES ARE RENDERED. COVERAGE UNDER THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW SHALL NOT BE PROVIDED IF THE FIRE COMPANY, AMBULANCE COMPANY OR MUNICIPALITY THE VOLUNTEER SERVES ADOPTS A RESOLUTION PROHIBITING COVERAGE FOR THE PROVISION OF SUCH SERVICES. UPON ARRIVAL OF A JURISDICTIONAL OFFICER IN COMMAND, SUCH OFFICER SHALL ACCEPT OR DECLINE FURTHER SERVICES AT WHICH TIME THE VOLUNTEER SHALL BE ENTITLED TO BENEFITS IN THE MANNER SET FORTH IN SUBDIVISION ONE OF THIS SECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11998-01-1