S07359 Summary:

BILL NOS07359A
 
SAME ASSAME AS A08100-A
 
SPONSORBROOKS
 
COSPNSRHELMING
 
MLTSPNSR
 
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.
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S07359 Actions:

BILL NOS07359A
 
09/03/2021REFERRED TO RULES
01/05/2022REFERRED TO LOCAL GOVERNMENT
05/02/20221ST REPORT CAL.939
05/03/20222ND REPORT CAL.
05/04/2022AMENDED 7359A
05/04/2022ADVANCED TO THIRD READING
05/18/2022PASSED SENATE
05/18/2022DELIVERED TO ASSEMBLY
05/18/2022referred to local governments
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S07359 Committee Votes:

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S07359 Floor Votes:

There are no votes for this bill in this legislative session.
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S07359 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7359--A
            Cal. No. 939
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    September 3, 2021
                                       ___________
 
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Local Government in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee, ordered to first and
          second report, amended on second report, ordered to a  third  reading,
          and  to  be  reprinted as amended, retaining its place in the order of
          third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11600-03-2

        S. 7359--A                          2
 
     1  approved activities. In addition, they may purchase insurance to protect
     2  against  liability  arising  from  approved  activities.  The  insurance
     3  purchased  pursuant to this subdivision may include medical and hospital
     4  coverage.  A  volunteer  fire department or fire company shall not allow
     5  participants in such program to ride in any vehicle owned or operated by
     6  such volunteer fire department or fire company,  unless  such  volunteer
     7  fire  department  or  fire  company  has  purchased insurance protecting
     8  against liability that could arise from such participant  being  injured
     9  in an accident while riding in such vehicle.
    10    § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
    11  laws of 2010, is amended to read as follows:
    12  § 260.10 Endangering the welfare of a child.
    13    1. A person is guilty of endangering the welfare of a child when:
    14    [1.]  (a)  He or she knowingly acts in a manner likely to be injurious
    15  to the physical, mental or moral welfare of a child less than  seventeen
    16  years old or directs or authorizes such child to engage in an occupation
    17  involving a substantial risk of danger to his or her life or health; or
    18    [2.] (b) Being a parent, guardian or other person legally charged with
    19  the  care  or custody of a child less than eighteen years old, he or she
    20  fails or refuses to exercise reasonable diligence in the control of such
    21  child to  prevent  him  or  her  from  becoming  an  "abused  child,"  a
    22  "neglected  child,"  a  "juvenile  delinquent"  or  a "person in need of
    23  supervision," as those terms are defined  in  articles  ten,  three  and
    24  seven of the family court act.
    25    [3.]  2. A person is not guilty of the provisions of this section when
    26  he or she engages in the conduct described in subdivision one of section
    27  260.00 of this article: (a) with the intent to wholly abandon the  child
    28  by relinquishing responsibility for and right to the care and custody of
    29  such  child;  (b)  with  the intent that the child be safe from physical
    30  injury and cared for in an appropriate manner; (c)  the  child  is  left
    31  with an appropriate person, or in a suitable location and the person who
    32  leaves  the child promptly notifies an appropriate person of the child's
    33  location; and (d) the child is not more than thirty days old.
    34    3. A volunteer fire department or fire company  or  a  member  thereof
    35  shall  not  be  guilty  of  a  violation of this section for engaging in
    36  actions authorized under section  two  hundred  four-b  of  the  general
    37  municipal law as part of a youth program.
    38    Endangering the welfare of a child is a class A misdemeanor.
    39    §  3.  Paragraph (e) of subdivision 1 of section 35.07 of the arts and
    40  cultural affairs law is amended to read as follows:
    41    (e) In any practice or exhibition or place dangerous or  injurious  to
    42  the  life,  limb, health or morals of such child provided, however, that
    43  the provisions of this paragraph shall not apply to: (i)  service  as  a
    44  member  of a certified volunteer ambulance service under the supervision
    45  of an emergency medical technician as provided in article thirty of  the
    46  public  health  law by youthful volunteers at least fifteen years of age
    47  who hold a current American Red Cross advanced first aid  and  emergency
    48  care  card; or (ii) participation in activities authorized under section
    49  two hundred four-b of the general municipal  law  as  part  of  a  youth
    50  program.
    51    § 4. This act shall take effect immediately.
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