S T A T E   O F   N E W   Y O R K
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                                 2679--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee  on  Local  Government  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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]FIREFIGHTER, 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]  FIREFIGHTER  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  handl-
ing  of  any  such  fire or other emergency and, on an individual basis,
offer his OR HER services to assist such fire company  or  fire  depart-
ment. After his OR HER services are so accepted, the volunteer [fireman]
FIREFIGHTER shall then be entitled to all powers, rights, privileges and
immunities granted by law to volunteer [firemen] 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 assisting, including benefits under

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06918-02-3
              

S. 2679--A                          2

the volunteer [firemen's] FIREFIGHTER'S benefit law. Any such commanding
officer shall have power, in his OR HER discretion,  to  so  accept  the
services  of  a  volunteer  [fireman] FIREFIGHTER 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 heretofore 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 resolution. 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" OR "VOLUNTEER
FIREFIGHTER" means a "volunteer fireman" as  such  term  is  defined  in
section  three of the volunteer [firemen's] FIREFIGHTER'S benefit law OR
AS SUCH TERM IS DEFINED IN THE STATE IN WHICH THE VOLUNTEER  FIREFIGHTER
RESIDES;  the  term  "area  regularly served" means the home area of the
volunteer fireman as described in subdivisions one, two, three, four  or
five  of section thirty of the volunteer [firemen's] FIREFIGHTER'S bene-
fit law and, in addition, any other area served pursuant to  a  contract
for  fire  protection,  OR  THE STATE IN WHICH THE VOLUNTEER FIREFIGHTER
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.