A06550 Summary:

BILL NOA06550
 
SAME ASNo Same As
 
SPONSORLiPetri
 
COSPNSRTague
 
MLTSPNSR
 
Amd §205-g, Gen Muni L
 
Requires the attorney general to provide for the defense of volunteer firefighters in certain actions.
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A06550 Actions:

BILL NOA06550
 
03/11/2019referred to local governments
01/08/2020referred to local governments
07/16/2020held for consideration in local governments
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A06550 Committee Votes:

LOCAL GOVERNMENTS Chair:Thiele DATE:07/16/2020AYE/NAY:15/4 Action: Held for Consideration
ThieleAyeSchmittNay
RamosAyeFriendNay
BuchwaldAyeStecNay
OtisAyeBrabenecExcused
WoernerAyeTagueNay
WallaceAye
McDonaldAye
D'UrsoAye
JacobsonAye
DarlingAye
BurkeAye
McMahonAye
MagnarelliAye
CahillAye
LavineAye

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A06550 Floor Votes:

There are no votes for this bill in this legislative session.
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A06550 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6550
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2019
                                       ___________
 
        Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the general municipal law, in relation  to  the  defense
          and indemnification of volunteer firefighters
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 205-g of the general municipal law
     2  is amended by adding a new paragraph e to read as follows:
     3    e. "Attorney general" means the attorney general of the state  of  New
     4  York.
     5    § 2. Subdivisions 2, 3, 5 and 6 of section 205-g of the general munic-
     6  ipal  law,  as  added by chapter 559 of the laws of 2006, are amended to
     7  read as follows:
     8    2. The [public entity] state shall provide  for  the  defense  of  the
     9  volunteer firefighter in any civil action or proceeding, state or feder-
    10  al,  arising  out  of  any  alleged  act  or  omission which occurred or
    11  allegedly occurred while the volunteer firefighter  was  acting  in  the
    12  line  of  duty  if  the  volunteer firefighter is in compliance with the
    13  provisions of subdivision seven of this section. This  duty  to  provide
    14  for  a  defense shall not arise where such civil action or proceeding is
    15  brought by or at the behest of the public entity.
    16    3. Subject to the conditions set forth  in  subdivision  two  of  this
    17  section,  the  volunteer firefighter shall be entitled to be represented
    18  by private counsel of his or her choice in any civil action or  proceed-
    19  ing  whenever  the  [chief  legal  officer of the public entity or other
    20  counsel designated by the public  entity]  attorney  general  determines
    21  that  a conflict of interest exists, or whenever a court, upon appropri-
    22  ate motion or otherwise by  a  special  proceeding,  determines  that  a
    23  conflict  of interest exists and that the volunteer firefighter is enti-
    24  tled to be represented by counsel of his or her choice, provided, howev-
    25  er, that the [chief legal officer or other  counsel  designated  by  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09911-01-9

        A. 6550                             2

     1  public  entity]  attorney general may require, as a condition to payment
     2  of the fees and expenses of such representation, that appropriate groups
     3  of such volunteer firefighters  be  represented  by  the  same  counsel.
     4  Reasonable  attorneys' fees and litigation expenses shall be paid by the
     5  [public entity] state to such private counsel from time to  time  during
     6  the  pendency of the civil action or proceeding with the approval of the
     7  [governing body of the public entity] state.
     8    5. Where the volunteer firefighter  delivers  process  and  a  written
     9  request  for  a  defense to the public entity under subdivision seven of
    10  this section, the public entity shall notify  the  attorney  general  of
    11  such request, and the attorney general shall take the necessary steps on
    12  behalf of the volunteer firefighter to avoid entry of a default judgment
    13  pending  resolution  of  any  question  pertaining  to the obligation to
    14  provide for a defense.
    15    6. a. The public entity shall indemnify and save harmless  its  volun-
    16  teer  firefighters  in  the amount of any judgment obtained against such
    17  volunteer firefighters in a state or federal court, or in the amount  of
    18  any  settlement of a claim, provided that the act or omission from which
    19  such judgment or claim arose occurred while  the  volunteer  firefighter
    20  was  acting  in the line of duty; provided further that in the case of a
    21  settlement the duty to indemnify and save harmless shall be  conditioned
    22  upon  the  approval of the amount of settlement by the governing body of
    23  the public entity.
    24    b. The duty to indemnify and save harmless shall be construed  in  the
    25  same manner as provided in section two hundred five-b of this article.
    26    c.  Nothing  in  this  subdivision  shall authorize a public entity to
    27  indemnify or save harmless a volunteer firefighter with respect to puni-
    28  tive or exemplary damages, fines or penalties, or money recovered from a
    29  volunteer firefighter pursuant to section  fifty-one  of  this  chapter;
    30  provided, however, that the public entity shall indemnify and save harm-
    31  less  its volunteer firefighters in the amount of any [costs, attorneys'
    32  fees,] damages, fines or penalties which may be imposed by reason of  an
    33  adjudication  that  a volunteer firefighter, acting in the line of duty,
    34  has, without willfulness or intent on his or her part, violated a  prior
    35  order,  judgment, consent decree or stipulation of settlement entered in
    36  any court of this state or of the United States.
    37    d. Upon entry of a final judgment against the  volunteer  firefighter,
    38  or  upon  the  settlement  of the claim, the volunteer firefighter shall
    39  serve a copy of such judgment or settlement, personally or by  certified
    40  or  registered  mail  within thirty days of the date of entry or settle-
    41  ment, upon the chief administrative officer of the public entity; and if
    42  not inconsistent with the provisions of this section, the amount of such
    43  judgment or settlement shall be paid by the public entity.
    44    § 3. This act shall take effect immediately.
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