S T A T E   O F   N E W   Y O R K
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                                  1367

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

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

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
the volunteer [firemen's] FIREFIGHTER'S benefit law. Any such commanding
officer  shall  have  power,  in his OR HER discretion, to so accept the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02180-01-5
              

S. 1367                             2

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.