STATE OF NEW YORK
________________________________________________________________________
9388
IN ASSEMBLY
April 24, 2014
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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
volunteer firefighters from other states to provide assistance to fire
departments, companies and districts in this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 1-a and 3 of section 209-i of the general
2 municipal law, subdivisions 1 and 3 as amended by chapter 967 of the
3 laws of 1965 and subdivision 1-a as amended by chapter 354 of the laws
4 of 1999, are amended to read as follows:
5 1. Whenever a volunteer [fireman]firefighter, whether he or she is a
6 resident of this state or another state, is within this state, but
7 outside the area regularly served by the fire company or fire department
8 of which he or she is a member and has knowledge of a fire or other
9 emergency at or near the place where he or she is for the time being,
10 such volunteer [fireman] firefighter may report to the officer in
11 command of the paid or volunteer fire company or paid or volunteer fire
12 department, or in command of one of the paid or volunteer fire companies
13 or one of the paid or volunteer fire departments, engaged in the handl-
14 ing of any such fire or other emergency and, on an individual basis,
15 offer his or her services to assist such fire company or fire depart-
16 ment. After his or her services are so accepted, the volunteer [fireman]
17 firefighter shall then be entitled to all powers, rights, privileges and
18 immunities granted by law to volunteer [firemen] firefighters during the
19 time such services are rendered, in the same manner and to the same
20 extent as if he or she were a volunteer member of the fire company or
21 fire department which he or she is assisting, including benefits under
22 the volunteer [firemen's] firefighter's benefit law. Any such commanding
23 officer shall have power, in his or her discretion, to so accept the
24 services of a volunteer [fireman] firefighter unless the legislative
25 body of the city or the village, the board of fire commissioners or
26 other governing board of the fire district, or the town board of the
27 town in relation to (a) the fire companies serving territory outside
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06918-04-4
A. 9388 2
1 villages and fire districts or (b) a town fire department, as the case
2 may be, by resolution heretofore or hereafter adopted, has forbidden the
3 acceptance of any such services pursuant to this section. Any such
4 resolution shall continue in effect until amended or repealed by the
5 adoption of a subsequent resolution. The officer in charge of any fire
6 company or fire department shall be notified promptly of the adoption of
7 any such resolution and of any amendment or repeal thereof.
8 1-a. A volunteer firefighter who is a resident of this state or anoth-
9 er state and who, because of his or her residence or usual occupation,
10 is regularly in the area served by a volunteer fire company or depart-
11 ment of which he or she is not a member may nevertheless volunteer his
12 or her services on an on-going basis to the officer in command thereof
13 to assist such fire company or fire department for the purpose of
14 assisting such company or department's general or emergency ambulance
15 services, or for the purpose of assisting such fire company or fire
16 department at a fire or other emergency scene or for the purpose of
17 training with such fire company or fire department. After his or her
18 services are so accepted, the volunteer firefighter shall then be enti-
19 tled to all powers, rights, privileges and immunities granted by law to
20 volunteer firefighters during the time such services are rendered, in
21 the same manner and to the same extent as if he or she were a volunteer
22 member of the fire company or fire department which he or she is assist-
23 ing, including benefits under the volunteer firefighters' benefit law.
24 Any such commanding officer when authorized by the legislative body of
25 the city or the village, the board of fire commissioners or other
26 governing board of the fire district, or the town board of the town in
27 relation to (a) the fire companies serving territory outside villages
28 and fire districts or (b) a town fire department, as the case may be,
29 shall have power, in his discretion, to so accept the services of a
30 volunteer firefighter.
31 3. As used in this section, the term "volunteer fireman" or "volunteer
32 firefighter" means a "volunteer fireman" as such term is defined in
33 section three of the volunteer [firemen's] firefighter's benefit law or
34 as such term is defined in the state in which the volunteer firefighter
35 resides; the term "area regularly served" means the home area of the
36 volunteer fireman as described in subdivisions one, two, three, four or
37 five of section thirty of the volunteer [firemen's] firefighter's bene-
38 fit law and, in addition, any other area served pursuant to a contract
39 for fire protection, or the state in which the volunteer firefighter
40 resides, and the terms "fire company" and "fire department" shall
41 include emergency rescue and first aid squads or other squads or units
42 of a fire company or fire department.
43 § 2. This act shall take effect immediately.
