S T A T E   O F   N E W   Y O R K
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                                   8341
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the civil service law, the general municipal law and the
   executive law, in relation to the minimum qualifications to serve as a
   fire  chief  in  any fire department, fire district or fire protection
   district that employs six or more paid firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 and paragraph (b) of subdivision 7 of section
 58-a  of  the  civil service law, subdivision 6 as amended and paragraph
 (b) of subdivision 7 as added by chapter 406 of the laws  of  2018,  are
 amended to read as follows:
   6. The provisions of this section shall not apply to appointments made
 by any county, city, town, village or fire district which employs [fewer
 than five] FIVE OR FEWER fire fighters.
   (b)  has  successfully  completed  training  and education [courses of
 minimum contact hour criteria approved] REQUIREMENTS ESTABLISHED by  the
 state  fire  administrator  [and  received certification for supervisory
 level 1 or higher pursuant to 19 NYCRR 427.9].
   § 2. The general municipal law is amended  by  adding  a  new  section
 204-dd to read as follows:
   §  204-DD. QUALIFICATIONS OF A FIRE CHIEF. NO PERSON SHALL BE ELIGIBLE
 FOR APPOINTMENT OR ELECTION AS THE FIRE CHIEF, OR ANY TITLE OR RANK THAT
 INCLUDES THE DUTIES OF THE CHIEF, IN ANY FIRE DEPARTMENT OR FIRE COMPANY
 WITH SIX OR MORE PAID FIREFIGHTERS, UNLESS HE OR SHE MEETS  REQUIREMENTS
 AS ESTABLISHED BY THE MOST RECENTLY DEVELOPED RECOMMENDED BEST PRACTICES
 FOR  INCIDENT COMMANDERS ADOPTED BY THE NEW YORK STATE DIVISION OF HOME-
 LAND SECURITY AND EMERGENCY SERVICES,  OFFICE  OF  FIRE  PREVENTION  AND
 CONTROL.  THE  STATE FIRE ADMINISTRATOR SHALL PROMULGATE RULES AND REGU-
 LATIONS BASED UPON REQUIREMENTS ESTABLISHED PURSUANT TO THE MOST RECENT-
 LY DEVELOPED RECOMMENDED BEST PRACTICES FOR INCIDENT COMMANDERS. FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11078-06-9

 A. 8341                             2
 
 PURPOSE OF THIS SECTION, THE TERM FIREFIGHTER SHALL MEAN A MEMBER  OF  A
 FIRE  DEPARTMENT  WHOSE  DUTIES INCLUDE FIRE SERVICE AS DEFINED IN PARA-
 GRAPH D OF SUBDIVISION ELEVEN  OF  SECTION  THREE  HUNDRED  TWO  OF  THE
 RETIREMENT  AND  SOCIAL SECURITY LAW AND HAS BEEN ASSIGNED BY HIS OR HER
 DEPARTMENT AS AN INTERIOR FIREFIGHTER.
   § 3. The executive law is amended by adding a  new  section  159-d  to
 read as follows:
   §  159-D.  TRAINING  FOR FIRE CHIEFS. THE STATE FIRE ADMINISTRATOR MAY
 CONDUCT THE TRAINING AND EDUCATION REQUIRED FOR FIRE CHIEFS PURSUANT  TO
 SUBDIVISION  SEVEN OF SECTION FIFTY-EIGHT-A OF THE CIVIL SERVICE LAW AND
 SECTION TWO HUNDRED FOUR-DD OF THE GENERAL MUNICIPAL LAW WITH SUFFICIENT
 FREQUENCY TO ENABLE INDIVIDUALS TO SATISFY THE NECESSARY  QUALIFICATIONS
 FOR  A  FIRE  CHIEF PURSUANT TO SUCH SECTION. TO THE EXTENT PRACTICABLE,
 SUCH TRAINING AND EDUCATION MAY BE  MADE  AVAILABLE  IN  ALL  GEOGRAPHIC
 REGIONS  OF  THE STATE. SUCH REGIONS MAY BE DETERMINED BY THE STATE FIRE
 ADMINISTRATOR.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition  of  any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.