Amd §§204-b & 205-b, Gen Muni L; amd §260.10, Pen L; amd §35.07, Arts & Cul L; amd §5, Vol Ffs Ben 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1633A
SPONSOR: McMahon TITLE OF BILL:
An act to amend the general municipal law, the penal law, the arts and
cultural affairs law and the volunteer firefighters' benefit law, in
relation to participants in youth programs sponsored by fire departments
PURPOSE OR GENERAL IDEA OF BILL:
This bill will allow Fire Department Youth Program Participants to
observe actual fire calls and to gain observational experience. The bill
also addresses criminal and civil liability of the department and its
members by providing exemptions to the Penal Law and Arts and Cultural
Affairs Laws, and requires purchase of insurance protection.
SUMMARY OF PROVISIONS:
Section 1 amends Subdivisions 5 and 7 of section 204-b of the general
municipal law, as added by chapter 386 of the laws of 1978.
Section 2 amends Section 260.10 of the penal law, as amended by chapter
447 of the 2 laws of 2010.
Section 3 amends Paragraph (e) of subdivision 1 of section 35.07 of the
arts and 3 cultural affairs law.
Section 4 provides for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version makes the following changes:
1.Clarifies that youth participants cannot operate a vehicle under
subdivision 5 of Section 204-b;
2. Permits youth participants to serve as a "helper on a motor vehicle"
under Section 133 of the Labor Law. The intent here is that we did not
want to restrict youth from assisting (i.e., helping on a motor vehicle)
fire fighters if they are authorized by the chief or officer in charge
to respond to an emergency in a fire truck;
3. Adds youth participants to the Good Samaritan protection that is
afforded to volunteer firefighters by amending Section 205-b of the GML.
Intent here is as long as the youth participants are abiding by the
rules and regs of the youth programs, they should be afforded a similar
level of immunity as volunteer firefighters are afforded under the Good
Samaritan law.
JUSTIFICATION:
Current laws prohibit Fire Department youth program participants from
observing an active emergency. This bill will allow observation of an
active emergency with stipulations that will be regulated by an offi-
cer-in-charge, which will include safe areas for the volunteer to
observe and still allow for a learning experience. This bill will
support recruitment and retention efforts by fire departments statewide.
In addition, this bill also solves the significant and overlooked issue
of drill team members (many of whom are under 17) injured while partic-
ipating in activities related to drill team competitions.
PRIOR LEGISLATIVE HISTORY:
2021: A08100 referred to Local Governments; S07359 referred to Rules
2022: A08100 referred to Local Governments; S07359 Passed Senate
2023: A1238A Referred to Local Governments; S7246A Referred to Local
Governments
2024: A1238 Referred to Local Governments; S7246 Referred to Local
Governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state
EFFECTIVE DATE:
This act shall take effect immediately.
