S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7942
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law, in  relation  to  authorizing
   firefighters who are members of a fire company or department of anoth-
   er  state to provide assistance to volunteer fire companies or depart-
   ments in this state

   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-c to read as follows:
   1-C. A MEMBER OF A FIRE COMPANY OR DEPARTMENT OF ANOTHER STATE WHO  IS
 REGULARLY  IN AN AREA SERVED BY A VOLUNTEER FIRE COMPANY OR FIRE DEPART-
 MENT MAY VOLUNTEER THEIR SERVICES ON AN  ON-GOING  BASIS  TO  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, PROVIDED THAT SUCH COMPANY OR DEPARTMENT IS AUTHORIZED
 TO ACCEPT SUCH SERVICES BY  THE  GOVERNING  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. UPON APPLICATION BY AN OUT-OF-
 STATE  FIREFIGHTER,  A  FIRE  COMPANY OR FIRE DEPARTMENT SHALL DETERMINE
 WHETHER SUCH OUT-OF-STATE FIREFIGHTER MEETS STATE AND LOCAL REQUIREMENTS
 FOR ACTIVE MEMBERS OF THEIR COMPANY OR DEPARTMENT,  INCLUDING,  BUT  NOT
 LIMITED TO, COMPLIANCE WITH A BACKGROUND CHECK PURSUANT TO SECTION EIGHT
 HUNDRED  THIRTY-SEVEN-O  OF  THE EXECUTIVE LAW, AND WHETHER SUCH OUT-OF-
 STATE FIREFIGHTER IS IN GOOD STANDING WITH THE FIRE COMPANY  OR  DEPART-
 MENT  IN  WHICH THEY NORMALLY SERVE. IF A VOLUNTEER FIRE COMPANY OR FIRE
 DEPARTMENT ACCEPTS THE SERVICES OF  SUCH  AN  OUT-OF-STATE  FIREFIGHTER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10957-03-7

 A. 7942                             2
 
 SUCH FIREFIGHTER SHALL BE ENTITLED 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
 SUCH  FIREFIGHTER  WERE  A  VOLUNTEER MEMBER OF THE FIRE COMPANY OR FIRE
 DEPARTMENT BEING ASSISTED, INCLUDING BENEFITS UNDER THE VOLUNTEER  FIRE-
 FIGHTERS'  BENEFIT LAW, PROVIDED, HOWEVER, SUCH FIREFIGHTER SHALL NOT BE
 ELIGIBLE TO PARTICIPATE IN A SERVICE  AWARD  PROGRAM  AS  AUTHORIZED  BY
 ARTICLES  ELEVEN-A  AND ELEVEN-AAAA OF THIS CHAPTER NOR SHALL SUCH FIRE-
 FIGHTER BE ELIGIBLE FOR COVERAGE UNDER SECTION ELEVEN-C OF THE VOLUNTEER
 FIREFIGHTERS' BENEFIT LAW RELATING TO DISEASES OF THE LUNG  AND  SECTION
 SIXTY-ONE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW RELATING TO DISEASE
 OR  MALFUNCTION  OF HEART OR CORONARY ARTERIES AND ANY OTHER PRESUMPTIVE
 COVERAGE FOR IMPAIRMENT OF HEALTH OR  DEATH.  UPON  ACCEPTANCE  OF  SUCH
 OUT-OF-STATE  FIREFIGHTER  TO  A  FIRE  COMPANY OR FIRE DEPARTMENT, SUCH
 COMPANY OR DEPARTMENT SHALL PROVIDE TO THE APPLICANT, AND THE  APPLICANT
 SHALL  ACKNOWLEDGE  RECEIPT  OF,  THE FOLLOWING WRITTEN STATEMENT: "IF A
 VOLUNTEER FIRE COMPANY OR FIRE DEPARTMENT  ACCEPTS  THE  SERVICES  OF  A
 FIREFIGHTER WHO IS A MEMBER OF A FIRE DEPARTMENT OR A COMPANY OF ANOTHER
 STATE,  SUCH FIREFIGHTER SHALL BE ENTITLED TO ALL POWERS, RIGHTS, PRIVI-
 LEGES 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 SUCH FIREFIGHTER WERE A VOLUNTEER MEMBER OF THE FIRE COMPA-
 NY  OR  FIRE  DEPARTMENT  BEING  ASSISTED,  INCLUDING BENEFITS UNDER THE
 VOLUNTEER FIREFIGHTERS' BENEFIT LAW, PROVIDED, HOWEVER, SUCH FIREFIGHTER
 SHALL NOT BE ELIGIBLE TO PARTICIPATE  IN  A  SERVICE  AWARD  PROGRAM  AS
 AUTHORIZED  BY  ARTICLES  11-A AND 11-AAAA OF THE GENERAL MUNICIPAL LAW,
 NOR SHALL SUCH FIREFIGHTERS  BE  ELIGIBLE  FOR  COVERAGE  UNDER  SECTION
 ELEVEN-C  OF  THE  VOLUNTEER  FIREFIGHTERS'  BENEFIT  LAW,  RELATING  TO
 DISEASES OF THE LUNG, AND SECTION  61  OF  THE  VOLUNTEER  FIREFIGHTERS'
 BENEFIT  LAW,  RELATING  TO  DISEASE OR MALFUNCTION OF HEART OR CORONARY
 ARTERIES, AND ANY OTHER PRESUMPTIVE COVERAGE FOR IMPAIRMENT OF HEALTH OR
 DEATH."
   § 2. This act shall take effect immediately.