NY State Senate Bill 2021-S9038

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2022	referred to local governments delivered to assembly passed senate
May 16, 2022	ordered to third reading cal.1392 committee discharged and committed to rules
May 04, 2022	referred to local government

Votes

- May 23, 2022 - Floor Vote
  S9038
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 16, 2022 - Rules Committee Vote
  S9038
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

2021-S9038 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §204-d, Gen Muni L; amd §265.26, Pen L

2021-S9038 (ACTIVE) - Summary

Requires fire fatality notifications by the fire chief for all fatalities occurring at the location of or as a result of the fire or explosion.

2021-S9038 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9038

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the general municipal law and the penal law, in relation
to requiring fire fatality notifications by the fire chief

1. 
PURPOSE:

This bill is intended to close gaps in current law whereby the office of
fire prevention and control (OFPC) may not get timely notification of
fatalities cause by a fire or explosion.

2. 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds amends section 204-d of the general municipal
law to require fire chiefs to immediately notify the office of fire
prevention and control of all fires or explosions in their jurisdiction
where a fatality is suspected or discovered prior to the scene being
released. Section 2 of the bill amends penal law section 265.26 to
require county medical examiners or coroners to immediately notify the

office of fire prevention and control when a burn injury or wound causes
a fatality in their jurisdiction.

Section 3 of the bill establishes an immediate effective date.

3. 
EXISTING LAW:

General Municipal Law § 204-d requires a fire chief as part of their
duties to determine the cause of each fire or explosion occurring in
their jurisdiction and report such findings to the office of fire
prevention and control. The law does not require the fire chief to
report fire fatalities occurring in their jurisdiction. Penal Law
Section 265.26 requires burn injuries or wounds to be reported by the
physician attending or treating a case or the manager, superintendent or
other person in charge, whenever such case is treated in a hospital,
sanitarium, institution or other medical facility. The report must be to
the office of fire prevention and control with 72 hours of the occur-
rence. Where the bum injury or wound results in a fatality at the scene
of the fire or explosion, there is no requirement that the fatality be
reported to the office of fire prevention and control.

4. 
LEGISLATIVE HISTORY:

None.

5. 
STATEMENT IN SUPPORT:

This proposal would make clear that both fire chiefs and county medical
examiners or coroners are required to notify the office of fire
prevention and control when there is a fatality occurring in their
jurisdiction as a result of a fire or explosion thus closing the gap
that currently exists when a fatality occurs at the scene a fire or
explosion. In some cases, fire departments request that the office of
fire prevention and control assist in the investigation of the fire or
explosion involving a fatality and, in those cases, OFPC is aware of the
fatality in time to investigate the origin and cause of the fire. Howev-
er, when OFPC is unaware of the fatality or is not involved in the
origin and cause investigation, no such fatality notification is
required to be made.

When OFPC is notified of fatalities at a fire or explosion in a timely
manner and prior to the scene being released, it allows OFPC an opportu-
nity to become involved in the investigatory process as soon as possible
in order to determine the circumstances surrounding the fire.

In addition, these notification requirements will allow OFPC to accu-
rately establish the number of fire fatalities that occur annually in
New York State. This will allow OFPC to identify and evaluate the causes
and factors contributing to these deaths with the ultimate goal of
promoting measures to prevent fatal fires.

6. 
BUDGET IMPLICATIONS:

None.

7. 
LOCAL IMPACT:

None.

2021-S9038 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9038
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by  Sen.  BROOKS  -- (at request of the Division of Homeland
   Security and Emergency Services) -- 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 and the penal law, in relation
   to requiring fire fatality notifications by the fire chief

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 204-d of the general municipal law, as amended  by
 section  44  of  part B of chapter 56 of the laws of 2010, is amended to
 read as follows:
   § 204-d. Duties of the fire chief. The fire chief of any fire  depart-
 ment or company shall, in addition to any other duties assigned to [him]
 THEM  by law or contract, to the extent reasonably possible determine or
 cause to be determined the cause of each fire  or  explosion  which  the
 fire  department  or  company has been called to suppress. [He] THE FIRE
 CHIEF shall file with the office of fire prevention and control a report
 containing such determination and any additional information required by
 such office regarding the fire or explosion INCLUDING, BUT  NOT  LIMITED
 TO,  ALL  FATALITIES  OCCURRING AT THE LOCATION OF OR AS A RESULT OF THE
 FIRE OR EXPLOSION. SUCH FATALITY NOTIFICATION  TO  THE  OFFICE  OF  FIRE
 PREVENTION  AND  CONTROL  SHALL  BE  MADE  IMMEDIATELY UPON SUSPICION OR
 DISCOVERY OF THE FATALITY OR AS SOON AS PRACTICAL THEREAFTER, BUT IN  NO
 EVENT  SHALL THE FIRE SCENE BE RELEASED PRIOR TO SUCH NOTIFICATION.  The
 report shall be in the form designated by such  office.  [He]  THE  FIRE
 CHIEF  shall contact or cause to be contacted the appropriate investiga-
 tory authority if [he has] THEY HAVE  reason  to  believe  the  fire  or
 explosion  is of incendiary or suspicious origin. For all fires that are
 suspected to have been ignited by  a  cigarette,  within  fourteen  days
 after  completing the investigation into such fire, the fire chief shall
 forward to the office of fire prevention and control information detail-
 ing, to the extent possible: (a) the specific brand  and  style  of  the
 cigarette  suspected  of having ignited such fire; (b) whether the ciga-
 rette package was marked as required by subdivision six of  section  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13642-01-2

 S. 9038                             2
 
 hundred  fifty-six-c  of  the  executive  law;  and (c) the location and
 manner in which such cigarette was purchased.
   §  2.  Section 265.26 of the penal law, as added by chapter 201 of the
 laws of 1985, is amended to read as follows:
 § 265.26 Burn injury and wounds to be reported.
   Every case of a burn injury  or  wound,  where  the  victim  sustained
 second  or third degree burns to five percent or more of the body and/or
 any burns to the upper respiratory tract or laryngeal edema due  to  the
 inhalation of super-heated air, and every case of a burn injury or wound
 which is likely to [or], may, OR DOES result in death, shall be reported
 at  once  to  the  office of fire prevention and control. The state fire
 administrator shall accept the report and notify the proper investigato-
 ry agency. A written report shall also be provided to the office of fire
 prevention and control within seventy-two hours.  The  report  shall  be
 made  by  (a)  the  physician attending or treating the case; or (b) the
 manager, superintendent or other person in charge, whenever such case is
 treated  in  a  hospital,  sanitarium,  institution  or  other   medical
 facility;  OR  (C)  THE COUNTY MEDICAL EXAMINER OR CORONER IN THE COUNTY
 WHERE THE DEATH OCCURRED.
   The intentional failure to make such report is a class A misdemeanor.
   § 3.  This act shall take effect immediately.

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Senate Bill S9038

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 23, 2022 - Floor Vote

Floor Vote: May 23, 2022

May 16, 2022 - Rules Committee Vote

Rules Committee Vote: May 16, 2022

2021-S9038 (ACTIVE) - Details

2021-S9038 (ACTIVE) - Summary

2021-S9038 (ACTIVE) - Sponsor Memo

2021-S9038 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9038

Share this bill

Sponsored By

John E. Brooks

Archive: Last Bill Status - In Assembly Committee

2021-S9038 (ACTIVE) - Details

2021-S9038 (ACTIVE) - Summary

2021-S9038 (ACTIVE) - Sponsor Memo

2021-S9038 (ACTIVE) - Bill Text download pdf

Comments