S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10438
 
                           I N  A S S E M B L Y
 
                               May 11, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Thiele,
   Stern) -- read once and referred to the Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to  the  determi-
   nation of points for service award programs for volunteer firefighters
   and  volunteer ambulance workers during a state disaster emergency and
   authorizing service award program sponsors  to  adjust  certain  point
   systems when such sponsor adopts written emergency response protocols
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 217 of the general  municipal  law  is  amended  by
 adding two new subdivisions (p) and (q) to read as follows:
   (P)  FOR  PURPOSES  OF  DETERMINING TOTAL POINTS EARNED FOR A CALENDAR
 YEAR, AN ACTIVE VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM MAY  PROVIDE
 FOR  THE  CREDITING  OF  FIVE  ADDITIONAL POINTS PER MONTH, PRORATED FOR
 PERIODS OF LESS THAN ONE MONTH, TO  EACH  ACTIVE  PARTICIPANT  FOR  EACH
 MONTH  THAT  SPECIAL  EMERGENCY RESPONSE RULES WERE IN PLACE RESTRICTING
 FIREFIGHTER RESPONSES TO  EMERGENCY  RESPONSES  AND/OR  RESTRICTING  THE
 HOLDING OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES
 RELATED  TO  A  STATE  DISASTER  EMERGENCY,  AS  SUCH TERM IS DEFINED IN
 SECTION TWENTY OF THE EXECUTIVE  LAW,  DECLARED  PURSUANT  TO  EXECUTIVE
 ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE
 OUTBREAK OF NOVEL CORONAVIRUS, COVID-19.
   (Q) THE PROGRAM SPONSOR MAY MAKE ADJUSTMENTS TO THE POINT SYSTEM CATE-
 GORY  ENTITLED "PARTICIPATION IN DEPARTMENT RESPONSES" IN THE EVENT THAT
 SUCH PROGRAM SPONSOR ADOPTS WRITTEN EMERGENCY RESPONSE PROTOCOLS SETTING
 DIFFERENT EMERGENCY RESPONSE REQUIREMENTS FOR THE FIRE DEPARTMENT,  FIRE
 COMPANIES,  SQUADS  AND UNITS THEREOF SUCH THAT CERTAIN PARTICIPANTS ARE
 NOT PERMITTED TO RESPOND AND RESTRICTED FROM RESPONDING TO ALL NON-EMER-
 GENCY RESCUE AND FIRST AID SQUAD CALLS AND/OR ALL EMERGENCY  RESCUE  AND
 FIRST  AID  SQUAD  CALLS.  SUCH  RESTRICTIONS  ON RESPONSE MAY RELATE TO
 DETERMINATIONS MADE BY THE DISTRICT PHYSICIAN AS TO THE DUTIES THAT  MAY
 BE  ASSIGNED TO CERTAIN PERSONNEL. IN THE EVENT THAT THE PROGRAM SPONSOR
 ADOPTS DIFFERENT RESPONSE REQUIREMENTS  FOR  DIFFERENT  GROUPS,  PARTIC-
 IPANTS  IN  THOSE  GROUPS  SHALL  BE  REQUIRED TO RESPOND TO THE MINIMUM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16211-05-0

 A. 10438                            2
 
 NUMBER OF EMERGENCY CALLS  ASSIGNED  TO  THEIR  GROUP  BY  APPLYING  THE
 PERCENTAGE  PROVIDED  FOR  IN  PARAGRAPH (VI) OF SUBDIVISION (C) OF THIS
 SECTION. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO  HUNDRED  SIXTEEN
 OF  THIS  ARTICLE, A POINT SYSTEM AMENDMENT TO ADDRESS WRITTEN EMERGENCY
 RESPONSE PROTOCOLS MAY BE ADOPTED BY THE AFFIRMATIVE VOTE  OF  AT  LEAST
 SIXTY  PERCENT  OF SUCH GOVERNING BOARD, WITHOUT REFERENDUM. SUCH AMEND-
 MENT SHALL ONLY TAKE EFFECT AS OF THE FIRST DAY OF JANUARY NEXT SUCCEED-
 ING COMPLETION OF THE PROCEEDINGS REQUIRED FOR ADOPTION OF THE AMENDMENT
 AND SHALL ONLY APPLY PROSPECTIVELY  UNLESS  THE  NEW  WRITTEN  EMERGENCY
 RESPONSE  PROTOCOL IS ADOPTED IN ORDER TO ADDRESS A STATE DISASTER EMER-
 GENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF THE  EXECUTIVE  LAW,
 AND  APPLICABLE  TO  THE COUNTY OR COUNTIES IN WHICH THE FIRE DEPARTMENT
 OPERATES, IN WHICH CASE SUCH  AMENDMENT  MAY  BE  APPLIED  IN  THE  YEAR
 ADOPTED.
   §  2.  Subdivision  3 of section 219-e of the general municipal law is
 amended by adding a new paragraph (k) to read as follows:
   (K) FOR PURPOSES OF DETERMINING TOTAL POINTS  EARNED  FOR  A  CALENDAR
 YEAR  AN ACTIVE VOLUNTEER AMBULANCE WORKER AWARD PROGRAM MAY PROVIDE FOR
 THE CREDITING OF FIVE ADDITIONAL POINTS PER MONTH, PRORATED FOR  PERIODS
 OF  LESS  THAN ONE MONTH, TO EACH ACTIVE PARTICIPANT FOR EACH MONTH THAT
 SPECIAL EMERGENCY RESPONSE RULES WERE  IN  PLACE  RESTRICTING  AMBULANCE
 WORKERS  RESPONSES TO EMERGENCY RESPONSES AND/OR RESTRICTING THE HOLDING
 OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES RELATED
 TO THE STATE DISASTER EMERGENCY, AS SUCH  TERM  IS  DEFINED  IN  SECTION
 TWENTY  OF  THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
 HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE  OUTBREAK
 OF NOVEL CORONAVIRUS, COVID-19.
   §  3.  Subdivision  3 of section 219-m of the general municipal law is
 amended by adding a new paragraph (k) to read as follows:
   (K) FOR PURPOSES OF DETERMINING TOTAL POINTS  EARNED  FOR  A  CALENDAR
 YEAR  AN ACTIVE VOLUNTEER AMBULANCE WORKER AWARD PROGRAM MAY PROVIDE FOR
 THE CREDITING OF FIVE ADDITIONAL POINTS PER MONTH, PRORATED FOR  PERIODS
 OF  LESS  THAN ONE MONTH, TO EACH ACTIVE PARTICIPANT FOR EACH MONTH THAT
 SPECIAL EMERGENCY RESPONSE RULES WERE  IN  PLACE  RESTRICTING  AMBULANCE
 WORKERS  RESPONSES TO EMERGENCY RESPONSES AND/OR RESTRICTING THE HOLDING
 OF ACTIVITIES FOR WHICH POINTS COULD BE EARNED DUE TO GUIDELINES RELATED
 TO THE STATE DISASTER EMERGENCY, AS SUCH  TERM  IS  DEFINED  IN  SECTION
 TWENTY  OF  THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
 HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, TO ADDRESS THE  OUTBREAK
 OF NOVEL CORONAVIRUS, COVID-19.
   § 4. This act shall take effect immediately.