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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1633
SPONSOR: McMahon TITLE OF BILL:
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
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):
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; 57246 Referred to Local
Governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1633
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. McMAHON, WOERNER, SIMON, BUTTENSCHON, CONRAD,
HUNTER, STIRPE, SANTABARBARA, JENSEN, SMULLEN, TAGUE, DeSTEFANO, McDO-
NOUGH, ANGELINO -- read once and referred to the Committee on Local
Governments
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] the chief's designee. [No activities may
6 include emergency duties in connection with fire department or fire
7 company operations or any other hazardous activity.] Participants may
8 respond to an emergency or hazardous activity, but shall remain in an
9 appropriate and safe designated area that has been established by the
10 chief or officer in charge. The chief or officer in charge shall deter-
11 mine if any such participant is allowed to respond to an emergency in a
12 vehicle using lights and/or sirens. Furthermore, such participants
13 shall not enter a burning structure nor shall participants in a youth
14 program pursuant to this section fall under the definition of active
15 volunteer firefighter as defined in section three of the volunteer fire-
16 fighters' 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
22 purchased pursuant to this subdivision may include medical and hospital
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00604-01-5
A. 1633 2
1 coverage. A volunteer fire department or fire company shall not allow
2 participants in such program to ride in any vehicle owned or operated by
3 such volunteer fire department or fire company, unless such volunteer
4 fire department or fire company has purchased insurance protecting
5 against liability that could arise from such participant being injured
6 in an accident while riding in such vehicle.
7 § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
8 laws of 2010, is amended to read as follows:
9 § 260.10 Endangering the welfare of a child.
10 1. A person is guilty of endangering the welfare of a child when:
11 [1. He or she] (a) Such person knowingly acts in a manner likely to be
12 injurious to the physical, mental or moral welfare of a child less than
13 seventeen years old or directs or authorizes such child to engage in an
14 occupation involving a substantial risk of danger to [his or her] such
15 child's 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 such person fails or refuses to exercise reasonable diligence in the
19 control of such child to prevent [him or her] such child from becoming
20 an "abused child," a "neglected child," a "juvenile delinquent" or a
21 "person in need of supervision," as those terms are defined in articles
22 ten, three and 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] such person engages in the conduct described in subdivision
25 one of section 260.00 of this article: (a) with the intent to wholly
26 abandon the child by relinquishing responsibility for and right to the
27 care and custody of such child; (b) with the intent that the child be
28 safe from physical injury and cared for in an appropriate manner; (c)
29 the child is left with an appropriate person, or in a suitable location
30 and the person who leaves the child promptly notifies an appropriate
31 person of the child's location; and (d) the child is not more than thir-
32 ty days old.
33 3. A volunteer fire department or fire company or a member thereof
34 shall not be guilty of a violation of this section for engaging in
35 actions authorized under section two hundred four-b of the general
36 municipal law as part of a youth program.
37 Endangering the welfare of a child is a class A misdemeanor.
38 § 3. Paragraph (e) of subdivision 1 of section 35.07 of the arts and
39 cultural affairs law is amended to read as follows:
40 (e) In any practice or exhibition or place dangerous or injurious to
41 the life, limb, health or morals of such child provided, however, that
42 the provisions of this paragraph shall not apply to: (i) service as a
43 member of a certified volunteer ambulance service under the supervision
44 of an emergency medical technician as provided in article thirty of the
45 public health law by youthful volunteers at least fifteen years of age
46 who hold a current American Red Cross advanced first aid and emergency
47 care card; or (ii) participation in activities authorized under section
48 two hundred four-b of the general municipal law as part of a youth
49 program or as an active volunteer member of a fire department.
50 § 4. This act shall take effect immediately.
