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2006 Summary of Emergency Services Legislation
Income Tax Credit
(Budget - Chapter 62 of the Laws of 2006)
Authorizes active volunteer firefighters and ambulance workers to receive a $200 income
tax credit. This credit will apply only if the volunteer does not receive a volunteer
firefighter/ambulance real property tax exemption.
Fire Company Scholarship Eligibility
A.10279 (Canestrari)/S.6604 (LaValle) – Chapter 125 of the Laws of 2006
Extends provisions related to volunteer firefighter scholarships and changes the eligibility requirements
to permit scholarship recipients to live outside the fifty mile radius requirement, under certain conditions.
Defense and Indemnification
A.1600-A (Sweeney)/S.3246-B (Little) - Chapter 559 of the Laws of 2006
Requires municipalities and fire districts to provide defense and indemnification for actions taken by
volunteer firefighters, provided that the acts did not involve willful negligence or malfeasance.
Lung Disease Presumption
A.10384 (John)/S.6623 (Maziarz) - Chapter 606 of the Laws of 2006
Establishes a presumption that death or disability from lung disease in volunteer firefighters results
from actions taken in the line of duty.
“We honor those who serve as volunteer firefighters and ambulance workers for their
courage and dedication to such a demanding service. They perform their calling with
bravery and commitment while ignoring the risk and peril of the dangers they find
themselves facing. I salute them for their exceptional commitment to serving the
public.”
Assemblyman Robert Sweeney
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Cost of Living Adjustment for Disabled Volunteer Firefighters
A.3092-A (Morelle)/S.1072-B (Alesi) – Veto Memo 288
Provides a permanent cost of living adjustment to permanent total disability benefits provided to
volunteer firefighters.
Continuation of Property Tax Exemption
A.4974-B (Sweeney)/S.3820-C (Trunzo) – Chapter 305 of the Laws of 2006
Authorizes the extension of a volunteer firefighter/volunteer ambulance worker property tax exemption
to un-remarried spouses of deceased 20 year members provided such deceased volunteer had been
receiving the exemption prior to his or her death.
Funds for Fire Company Records Management
A.10011 (Tokasz) – Passed Assembly/S.6928 (Volker)
Authorizes fire and ambulance companies to be eligible for funding from the Local Government Records
Management Fund.
HIV Presumption
A.10309-A Magee/S.1002-C LaValle – Chapter 603 of the Laws of 2006
Establishes a notification and testing procedure for volunteer firefighters and ambulance workers who
may have been exposed to HIV in the line of duty.
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“The volunteer firefighters who serve our communities do not do so for pay or for recognition.
They don’t leave the comfort and safety of their homes for a bigger firehouse or a shiny fire
truck. These individuals welcome fiscal oversight and increased accountability and support
the Assembly’s efforts to create a structure to make this possible.”
Ed Carpenter, President
Firemen’s Association of the State of New York (FASNY)
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Publication of Firefighter Training Standards
A.10724 (Sweeney)/S.7740 (Little) - Chapter 615 of the Laws of 2006
This legislation does not establish any new training requirements, but instead requires the State Office
of Fire Prevention and Control to promulgate rules and regulations governing firefighter training, including
the process by which training hours are allocated to counties and a uniform procedure for requesting
additional training hours.
Emergency Services Revolving Loan Cooperation
A.10725 (Sweeney)/S.7753 (Little) - Chapter 72 of the Laws of 2006
Encourages regional cooperation by authorizing applicants to apply jointly for funding from the
Emergency Services Revolving Loan Fund and increases the loan amounts available to joint applicants.
Notification to Fire Districts of Tax Certiorari Proceedings
A.568 (Magee) - Passed Assembly/S.1359 (LaValle)
Provides fire districts with notice of tax certiorari filed on property located within the districts’ boundaries.
Increased Availability of Long Distance Learning
A.5414 (Ramos) - Passed Assembly
Requires the State Office of Fire Prevention and Control to make firefighter training available by video or
computer to the maximum extent practicable.
Re-Certification of EMTs
A.9956 (Sweeney)/S.6976 (Winner) – Chapter 119 of the Laws of 2006
Extends, for five years, a pilot program that allows continuing education recertification for emergency
medical services technicians.
“The Association of Fire Districts of the State of New York embraces the reform proposals
advanced to bring greater accountability, good governance and transparency to the operation
of our fire districts throughout the State.”
Ken Hoffarth, President
Association of Fire Districts of the State of New York
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Reimbursement for Hazardous Material Remediation
A.7279-D (DiNapoli) – Passed Assembly/S.891-E (Marcellino)
Establishes a procedure to provide reimbursement to fire companies for costs associated with
responding to spills of hazardous materials.
Mutual Aid Provisions for Volunteer Ambulance Companies
A.8974-A Rules (Paulin)/S.7273 (Little) – Chapter 191 of the Laws of 2006
Clarifies provisions regarding mutual aid for volunteer ambulance companies to provide the same mutual
aid liability provisions to volunteer ambulance companies as are currently provided to volunteer fire
companies.
Free Thruway Access
A.1994-A (DelMonte) - Passed Assembly/S.7953 Larkin
Requires the Thruway Authority to develop a permit process or provide refunds to ensure free access for
ambulances and fire trucks responding to an emergency.
Good Governance Provisions
The following legislation was drafted with the involvement of the Firemen’s Association of the State of
New York, the Association of Fire Districts of the State of New York and the New York State Association
of Fire Chiefs.
Audit Authorization
A.10473 (Sweeney)/S.7700 (Little) - Chapter 233 of the Laws of 2006
Expands the existing authorization of OSC to audit fire companies. This legislation would provide the
Comptroller with the same examination authority as that provided to fire and other special districts.
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“FASNY has long been committed to creating an appropriate fiscal climate for financial
reporting. We believe that the fire service maintains the highest level of public trust and
that confidence must extend to our financial and administrative dealings.”
Ed Carpenter, President
Firemen’s Association of the State of New York (FASNY)
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Fire District Capital Reserve Funds
A.10474 (Sweeney)/S.7739 (Little) – Chapter 234 of the Laws of 2006
Requires additional public oversight of the money that fire districts can place in capital improvement
reserve accounts by making the creation of reserve funds subject to voter approval.
Fire District Special Elections
A.10475 (Sweeney)/S.7546 (LaValle) – Chapter 235 of the Laws of 2006
Clarifies when special elections for fire districts can be held. This legislation would require fire districts
to hold special elections on Tuesdays, provided that such days are not holidays. In addition, districts
would be required to conduct and schedule elections in a way that maximizes voter participation.
Installation Dinner Expenses
A.10476 (Sweeney) - Passed Assembly
Clarifies that the expenses of annual installation dinners would be required to be reasonable and aimed
at minimizing taxpayer impact.
Out-of-State Travel
A.10477 (Sweeney)/S.7699 (Little) – Chapter 236 of the Laws of 2006
Out-of-State training would require a finding from the governing board (fire district or municipality) that
such training is necessary and in the public interest and is not available within a reasonable distance
and time period in the State. Following attendance, notification would be provided to the State Office
of Fire Prevention and Control for inclusion in an annual report. The information will be used to improve
in-state training programs.
Audits of Fire Districts and Companies
A.10478 (Sweeney)/S.7548 (LaValle) – Chapter 237 of the Laws of 2006
Based on the requirements for school districts enacted last year, this legislation would require fire districts
and companies to undergo audits, require auditors to be selected following a competitive bidding process
and limit the length of contracts with auditors.
Codes of Ethics
A.10479 (Alessi)/S.7624 (Balboni) – Chapter 238 of the Laws of 2006
Adds fire districts and companies to the list of entities required to develop codes of ethics. The State
Comptroller would be required to develop a model code.
Conference Travel
A.10480 (Weisenberg)/S.7697 (Little) – Chapter 239 of the Laws of 2006
Authorizes reimbursement for conference travel of municipal officers to include only costs incurred for
official business and provides that such travel must be cost-effective and reasonable. In addition, the
reimbursement rate for the mileage of fire district officers would be based on the federal reimbursement
rate.
Statewide Public Hearing Day
A.10481-A (Eddington)/S.7625-A (Balboni) – Chapter 240 of the Laws of 2006
Requires fire districts to hold public budget hearings on the third Tuesday in October and makes budget
information more widely available. In addition to newspaper publication, budget hearing notices would be
required to be posted on the fire and municipal websites, if available.
Availability of Fire District Hearing and Election Information
A.10482 (Ramos)/S.7738 (Little) – Chapter 241 of the Laws of 2006
In addition to newspaper publication, hearing and election notices would be required to be posted on
district and municipal websites, if available. Notices would also be required to contain detailed
information about the subject of the hearing as well as information about polling hours.
Fire District Commissioner Dereliction of Duty
A.10483 (Tokasz) - Passed Assembly
Requested by the Association of Fire Districts of the State of New York, this legislation would
authorize the removal of fire commissioners for dereliction of duty. Dereliction would include, but
not be limited to, excessive unexcused absences from regularly scheduled meetings and would
follow the existing removal process for commissioners.
“We believe that the legislation forged in these deliberations will allay the concerns
that some have raised in the last few months regarding fire department management
while ensuring that the citizens across the state continue to receive some of the
highest quality of protection afforded in the United States.”
Thomas L. LaBelle, Executive Director
New York State Association of Fire Chiefs
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Training for Fire District Commissioners
A.10484 (Ramos)/S.7547 (LaValle) – Chapter 242 of the Laws of 2006
Requested by the Association of Fire Districts of the State of New York, this legislation would establish
training requirements for fire district commissioners. The State Comptroller would approve the creation of
a training program involving legal, fiduciary, financial, procurement and ethical responsibilities for fire
district commissioners.
Codes of Ethics
A.10485 (Sweeney)/S.7698 (Little) – Chapter 243 of the Laws of 2006
Requires fire companies to develop codes of ethics and have certain fire officers disclose financial
interests in contracts. Disclosure would be made to the individual’s immediate supervisor and to the
governing board.
Length of Service Award Program (LOSAP) Reforms
A 2001 audit by the State Comptroller and recent Newsday stories have highlighted potential problems
with the volunteer firefighter service award programs. The bills listed below are supported by FASNY and
the Association of Fire Districts of the State of New York and are intended to strengthen the program and
protect volunteers:
A.10982 (Sweeney)/S.7876 (LaValle) – Chapter 262 of the Laws of 2006
Authorizes the Comptroller to post information about LOSAP vendors on a single website in order to make
it easier for sponsors to select the appropriate vendor. FASNY and Fire Districts issued memos in support.
A.10983 (Sweeney)/S.7877 (LaValle) – Chapter 620 of the Laws of 2006
Requires service award program sponsors or administrators to obtain an annual audit by a certified public
accountant or an independent public accountant. Also requires plan information to be provided to sponsors
and participants annually. FASNY and Fire Districts issued memos in support.
A.10984 (Sweeney) – Passed Assembly /S.7875 (LaValle)
Creates a 13-member Temporary Volunteer Firefighter Service Award Program Task Force to examine
LOSAP funding and accountability issues. FASNY and Fire Districts issued memos in support.
A.10985 (Sweeney)/S.7878 (LaValle) – Passed Both Houses
Establishes an optional State-administered service award program for volunteer firefighters. FASNY and
Fire Districts issued memos in support.
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