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Volunteer Ambulance Workers Benefit Increase
A.2213 Sweeney; Chapter 233 of the Laws of 2004
Volunteer ambulance workers provide an important service to the people of New York State,
and unfortunately, the provision of that service brings with it an inherent danger. Since 1991,
nine volunteer ambulance workers have been killed in the line of duty. The tragic events of
September 11th have brought even closer to home the important role of emergency service
providers and the dangers involved in their work.
The funeral expense and death benefit payments of the Volunteer Ambulance Workers’
Benefit Law mirror the provisions of the Volunteer Firefighters’ Benefit Law; however, the
provisions of the Firefighters’ Benefit Law have been amended several times since enactment
to provide benefit increases. Volunteer ambulance workers last received an increase in 1988.
This legislation will provide volunteer ambulance workers with a much-needed benefit increase
and re-establish parity with the benefits currently received by volunteer firefighters. This legislation
has passed both houses and been signed into law by the Governor.
Service Award Benefit Increase
A.11198 Rules (Sweeney)
Volunteer firefighters and ambulance workers provide a vital service to the communities they
serve. However, fire and ambulance companies are having an increasingly difficult time
attracting volunteers. Service award programs provide an incentive to encourage people to
volunteer as firefighters and ambulance workers. These service award programs are created
at local option and provide the volunteer equivalent of pensions. Service award benefits have
not been increased since 1998. This legislation authorizes an increase, at local option, of these
benefits. Any increase would be subject to voter approval. This legislation has passed both
houses and is currently awaiting action by the Governor.
Service Award Program Transfers
A.9533 Gunther
Currently, in cases where a fire protection district is dissolved and becomes part of a fire
district, or a fire district becomes part of a joint fire district, there are no provisions to transfer
an existing service award program to the new fire district without a special act of the Legislature.
This legislation permits a successor fire protection district to adopt the volunteer firefighter
service award program of a previously dissolved fire district, following voter approval. This
legislation has passed both houses and is currently awaiting action by the Governor.
Task Force on Volunteer Firefighter and Ambulance Worker Health Insurance Coverage
A.11196 Rules (Sweeney)
The possibility of offering health insurance to volunteer firefighters and ambulance workers as a
recruitment and retention incentive, has been suggested as a way to reverse the decline in
volunteerism. This legislation creates a nine-member task force to provide recommendations
to the Legislature and the Governor on the feasibility of utilizing health insurance as a volunteer
recruitment incentive. Members will include representatives from volunteer fire and ambulance
organizations, as well as municipalities. The State commissioners of Health and Insurance will
also serve on the task force which will be chaired by the Secretary of State. This legislation has
passed both houses and is currently awaiting action by the Governor.
Revolving Loan Fund Increase
A.10117 Magee
Many fire and ambulance companies need additional funding in order to continue to provide
high levels of service. This legislation raises the maximum loan limits available through the
Emergency Services Revolving Loan fund for the purchase of firefighting and ambulance equipment.
In addition, this legislation would allow loans for the construction of live fire training facilities. This
legislation has passed both houses and is currently awaiting action by the Governor.
Donated Fire Equipment Liability
A.9748-B Gromack
Last year, legislation was passed to remove liability for donated fire equipment in order to
encourage the donation of fire equipment to needy or rural fire districts. That legislation
permitted fire districts that donated fire equipment, recertified as meeting manufacturer’s
specifications, to a volunteer fire company, to be free of civil liability for any injury or damage
caused by the donated equipment. This legislation provides technical amendments to last
year’s legislation, including clarifying the definitions regarding eligible donors. This legislation
has passed both houses and is currently awaiting action by the Governor.
Volunteer Firefighter and Ambulance Worker Settlements
A.11200 Rules (Sweeney)
Currently, injured workers and employers/insurance carriers benefit from the ability to enter into
lump sum settlements for payments of claims under the Workers’ Compensation Law; however,
this option is not currently available to volunteer firefighters and ambulance workers. This legislation
provides volunteer firefighters and ambulance workers with the same ability as injured workers to
accept lump sum settlements for payment of claims. This legislation has passed both houses and
is currently awaiting action by the Governor.
Volunteer Work by Police Officers
A.10367-A Abbate
Police officers that wish to volunteer their time should not be prevented from doing so; however,
some police departments currently prohibit their police officers from performing volunteer work
while off duty. This prohibition has eliminated an important pool of volunteers from performing a
variety of functions, including fire service. This legislation permits police officers to serve as
volunteers as long as the service does not interfere with their duties or create a conflict of interest.
Additionally, the type of volunteer activity must be approved by the police department. This legislation
has passed both houses and is currently awaiting action by the Governor.
Emergency Vehicle Fuel Costs
A.955 Smith
The growing cost of fuel for emergency vehicles has become a drain on fire district budgets.
In addition, the essential nature of fuel costs makes it difficult for districts to wait for voter approval
prior to expenditures. Currently, certain other essential items, like insurance, are exempt from fire
district spending limits. This legislation adds the cost of fuel for emergency vehicles to the list of
exempt items. This legislation has passed both houses and is currently awaiting action by the
Governor.
Fire District Petition Clarification
A.11201 Rules (Destito)
In 2000, legislation was enacted to provide uniformity in the authentication of petitions. An
unintended effect of that legislation was to remove the applicability to petitions to establish
or extend a district. This legislation corrects the problem and restores the original legislative
intent. This legislation has passed both houses and is currently awaiting action by the Governor.
Suffolk County Ambulance Ordinances
A.9675 Sweeney; Chapter 67 of the Laws of 2004
This legislation extends the grant of authority to municipalities in Suffolk County to establish local ordinances
to outlaw certain ambulance units from responding to calls for service dispatched to other emergency medical
or ambulance units. This legislation has passed both houses and been signed into law by the Governor.
Suffolk County Volunteer Firefighter and Ambulance Worker Property Tax Reduction
A 9333 Sweeney; Chapter 9 of the Laws of 2004
This legislation authorizes, at local option, certain volunteer firefighters and ambulance workers in
Suffolk County to receive up to a ten-percent real property tax reduction. This legislation has passed
both houses and been signed into law by the Governor.
Permanent Heart Disease Disability Benefits
A.897-A Magee
In 1977, the Legislature found that volunteer firefighters often suffered injuries or deaths resulting
from heart attacks suffered in the line of duty. The Legislature also found that claims of injuries from
heart attacks were often subjected to lengthy delays. As a result, the Legislature established specific
procedures to expedite the handling of such claims. This legislation makes permanent the provisions
relating to disability due to heart disease which are scheduled to expire on June 30, 2005. This
legislation has passed the Assembly, but the Senate has not yet taken action.
Volunteer Firefighter Defense and Indemnification
A.11197 Rules (Sweeney)
Volunteer firefighters generously perform an essential function without compensation; however,
the fear of personal financial liability discourages some people from becoming and continuing
to serve as volunteer firefighters. Their status as volunteers has led to questions about the ability
of public entities to pay for legal costs and any resulting judgments, a process known as defense
and indemnification. This legislation requires municipalities and fire districts to provide defense
and indemnification for actions taken by the volunteer firefighter, provided that the firefighter
meets the municipality’s training standards and the acts did not involve willful negligence or
malfeasance. This legislation has passed the Assembly, but the Senate has not yet taken action.
Long Distance Learning Availability
A.11195 Rules (Ramos)
Since September 11, 2001, the increased responsibilities of firefighters have forced them to
perform an increasing number of tasks within a limited amount of time. At a hearing held in
March of this year, firefighters frequently cited concerns regarding the availability and proximity
of required training and indicated certain training demands are actually a deterrent to recruitment
and retention. New technology provides new opportunities for training that can reduce the time
burden placed upon firefighters. This legislation requires the State Office of Fire Prevention to
make firefighting training available by video or computer to the maximum extent practical. This
legislation has passed the Assembly, but the Senate has not yet taken action.
Free Thruway Access for Emergency Vehicles
A.11202 Rules
When responding to an emergency, time is of the essence. In some areas of the State,
the Thruway provides the fastest and most direct access to the scene of an emergency.
This legislation would require the Thruway Authority to develop a permit process or provide
refunds for ambulances and fire trucks responding to an emergency. This legislation has
passed the Assembly, but the Senate has not yet taken action.
Equipping First Aid Squads
A.1779-A Magee
Due to an inconsistency in statute, there is some uncertainty as to whether or not fire districts
may purchase uniforms for emergency rescue and first aid squads formed as part of the fire
district. This legislation is intended to rectify the discrepancy and explicitly authorize the
purchase of uniforms. Fire companies formed pursuant to other provisions of the Town Law
have a clearly stated authorization to make such uniform purchases. This legislation mirrors
those provisions. This legislation has passed the Assembly, but the Senate has not yet taken
action.
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