Amd §204-b, Gen Muni L; amd §260.10, Pen L; amd §35.07, Arts & Cul L
Relates to youth programs sponsored by fire departments; provides that 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 officer in charge; provides such participants cannot respond to an emergency on a vehicle using lights and/or sirens; provides such participants may not enter a burning structure; protects volunteer fire departments and fire companies from certain criminal and civil liability potentially arising from the operation of a youth program.
STATE OF NEW YORK
________________________________________________________________________
8100--A
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Local Governments -- recommitted to the Committee on Local
Governments in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. Subdivisions 5 and 7 of section 204-b of the general munic-
2 ipal law, as added by chapter 386 of the laws of 1978, are amended to
3 read as follows:
4 5. All activities of participants in such program shall be approved in
5 advance by the chief, or his or her designee. [No activities may include
6 emergency duties in connection with fire department or fire company
7 operations or any other hazardous activity.] Participants may respond to
8 an emergency or hazardous activity, but shall remain in an appropriate
9 and safe designated area that has been established by the chief or offi-
10 cer in charge. The chief or officer in charge shall determine if any
11 such participant is allowed to respond to an emergency in a vehicle
12 using lights and/or sirens. Furthermore, such participants may not
13 enter a burning structure nor shall participants in a youth program
14 pursuant to this section fall under the definition of active volunteer
15 firefighter as defined in section three of the volunteer firefighters'
16 benefit law.
17 7. Volunteer fire departments and fire companies may purchase accident
18 insurance to insure participants in such programs against injury or
19 death resulting from bodily injuries sustained in performance of
20 approved activities. In addition, they may purchase insurance to protect
21 against liability arising from approved activities. The insurance
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11600-02-2
A. 8100--A 2
1 purchased pursuant to this subdivision may include medical and hospital
2 coverage. A volunteer fire department or fire company shall not allow
3 participants in such program to ride in any vehicle owned or operated by
4 such volunteer fire department or fire company, unless such volunteer
5 fire department or fire company has purchased insurance protecting
6 against liability that could arise from such participant being injured
7 in an accident while riding in such vehicle.
8 § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
9 laws of 2010, is amended to read as follows:
10 § 260.10 Endangering the welfare of a child.
11 1. A person is guilty of endangering the welfare of a child when:
12 [1.] (a) He or she knowingly acts in a manner likely to be injurious
13 to the physical, mental or moral welfare of a child less than seventeen
14 years old or directs or authorizes such child to engage in an occupation
15 involving a substantial risk of danger to his or her life or health; or
16 [2.] (b) Being a parent, guardian or other person legally charged with
17 the care or custody of a child less than eighteen years old, he or she
18 fails or refuses to exercise reasonable diligence in the control of such
19 child to prevent him or her from becoming an "abused child," a
20 "neglected child," a "juvenile delinquent" or a "person in need of
21 supervision," as those terms are defined in articles ten, three and
22 seven of the family court act.
23 [3.] 2. A person is not guilty of the provisions of this section when
24 he or she engages in the conduct described in subdivision one of section
25 260.00 of this article: (a) with the intent to wholly abandon the child
26 by relinquishing responsibility for and right to the care and custody of
27 such child; (b) with the intent that the child be safe from physical
28 injury and cared for in an appropriate manner; (c) the child is left
29 with an appropriate person, or in a suitable location and the person who
30 leaves the child promptly notifies an appropriate person of the child's
31 location; and (d) the child is not more than thirty days old.
32 3. A volunteer fire department or fire company or a member thereof
33 shall not be guilty of a violation of this section for engaging in
34 actions authorized under section two hundred four-b of the general
35 municipal law as part of a youth program.
36 Endangering the welfare of a child is a class A misdemeanor.
37 § 3. Paragraph (e) of subdivision 1 of section 35.07 of the arts and
38 cultural affairs law is amended to read as follows:
39 (e) In any practice or exhibition or place dangerous or injurious to
40 the life, limb, health or morals of such child provided, however, that
41 the provisions of this paragraph shall not apply to: (i) service as a
42 member of a certified volunteer ambulance service under the supervision
43 of an emergency medical technician as provided in article thirty of the
44 public health law by youthful volunteers at least fifteen years of age
45 who hold a current American Red Cross advanced first aid and emergency
46 care card; or (ii) participation in activities authorized under section
47 two hundred four-b of the general municipal law as part of a youth
48 program.
49 § 4. This act shall take effect immediately.
