S T A T E O F N E W Y O R K
________________________________________________________________________
7359--A
Cal. No. 939
2021-2022 Regular Sessions
I N S E N A T E
September 3, 2021
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Local Government in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, amended on second report, ordered to a third reading,
and to be reprinted as amended, retaining its place in the order of
third reading
AN ACT to amend the general municipal law, the penal law, and the arts
and cultural affairs law, in relation to participants in youth
programs sponsored by fire departments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5 and 7 of section 204-b of the general munic-
ipal law, as added by chapter 386 of the laws of 1978, are amended to
read as follows:
5. All activities of participants in such program shall be approved in
advance by the chief, or his OR HER designee. [No activities may include
emergency duties in connection with fire department or fire company
operations or any other hazardous activity.] PARTICIPANTS MAY RESPOND TO
AN EMERGENCY OR HAZARDOUS ACTIVITY, BUT SHALL REMAIN IN AN APPROPRIATE
AND SAFE DESIGNATED AREA THAT HAS BEEN ESTABLISHED BY THE CHIEF OR OFFI-
CER IN CHARGE. THE CHIEF OR OFFICER IN CHARGE SHALL DETERMINE IF ANY
SUCH PARTICIPANT IS ALLOWED TO RESPOND TO AN EMERGENCY IN A VEHICLE
USING LIGHTS AND/OR SIRENS. FURTHERMORE, SUCH PARTICIPANTS MAY NOT
ENTER A BURNING STRUCTURE NOR SHALL PARTICIPANTS IN A YOUTH PROGRAM
PURSUANT TO THIS SECTION FALL UNDER THE DEFINITION OF ACTIVE VOLUNTEER
FIREFIGHTER AS DEFINED IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS'
BENEFIT LAW.
7. Volunteer fire departments and fire companies may purchase accident
insurance to insure participants in such programs against injury or
death resulting from bodily injuries sustained in performance of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11600-03-2
S. 7359--A 2
approved activities. In addition, they may purchase insurance to protect
against liability arising from approved activities. The insurance
purchased pursuant to this subdivision may include medical and hospital
coverage. A VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY SHALL NOT ALLOW
PARTICIPANTS IN SUCH PROGRAM TO RIDE IN ANY VEHICLE OWNED OR OPERATED BY
SUCH VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY, UNLESS SUCH VOLUNTEER
FIRE DEPARTMENT OR FIRE COMPANY HAS PURCHASED INSURANCE PROTECTING
AGAINST LIABILITY THAT COULD ARISE FROM SUCH PARTICIPANT BEING INJURED
IN AN ACCIDENT WHILE RIDING IN SUCH VEHICLE.
§ 2. Section 260.10 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
§ 260.10 Endangering the welfare of a child.
1. A person is guilty of endangering the welfare of a child when:
[1.] (A) He or she knowingly acts in a manner likely to be injurious
to the physical, mental or moral welfare of a child less than seventeen
years old or directs or authorizes such child to engage in an occupation
involving a substantial risk of danger to his or her life or health; or
[2.] (B) Being a parent, guardian or other person legally charged with
the care or custody of a child less than eighteen years old, he or she
fails or refuses to exercise reasonable diligence in the control of such
child to prevent him or her from becoming an "abused child," a
"neglected child," a "juvenile delinquent" or a "person in need of
supervision," as those terms are defined in articles ten, three and
seven of the family court act.
[3.] 2. A person is not guilty of the provisions of this section when
he or she engages in the conduct described in subdivision one of section
260.00 of this article: (a) with the intent to wholly abandon the child
by relinquishing responsibility for and right to the care and custody of
such child; (b) with the intent that the child be safe from physical
injury and cared for in an appropriate manner; (c) the child is left
with an appropriate person, or in a suitable location and the person who
leaves the child promptly notifies an appropriate person of the child's
location; and (d) the child is not more than thirty days old.
3. A VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY OR A MEMBER THEREOF
SHALL NOT BE GUILTY OF A VIOLATION OF THIS SECTION FOR ENGAGING IN
ACTIONS AUTHORIZED UNDER SECTION TWO HUNDRED FOUR-B OF THE GENERAL
MUNICIPAL LAW AS PART OF A YOUTH PROGRAM.
Endangering the welfare of a child is a class A misdemeanor.
§ 3. Paragraph (e) of subdivision 1 of section 35.07 of the arts and
cultural affairs law is amended to read as follows:
(e) In any practice or exhibition or place dangerous or injurious to
the life, limb, health or morals of such child provided, however, that
the provisions of this paragraph shall not apply to: (I) service as a
member of a certified volunteer ambulance service under the supervision
of an emergency medical technician as provided in article thirty of the
public health law by youthful volunteers at least fifteen years of age
who hold a current American Red Cross advanced first aid and emergency
care card; OR (II) PARTICIPATION IN ACTIVITIES AUTHORIZED UNDER SECTION
TWO HUNDRED FOUR-B OF THE GENERAL MUNICIPAL LAW AS PART OF A YOUTH
PROGRAM.
§ 4. This act shall take effect immediately.