NYSAFC Legislative Update

The New York State Association of Fire Chiefs (NYSAFC) is pleased to provide this report on several successful efforts over the last week in the halls of Albany, N.Y.

In the final weeks of the Legislative session, several important bills that NYSAFC and other fire service organizations have worked on were passed by both houses.

"Bail Out Reform" S.7677 – Provides that employers must provide safety "systems" to firefighters working above grade. Makes it clear that this includes more than just rope systems, allows employer to determine risk, and uses more than just NFPA 1983 to determine standards.

"Brady Bill" A.10046 – To include all firefighters whose death resulted from services performed in the line of duty to be inscribed on the New York State Fallen Firefighters Memorial at the Empire State Plaza in Albany.

"CON Reform" S.7013-C – At the conclusion of the two-year period, such district shall not be required to apply to its regional emergency medical services council or the State Emergency Medical Services Council for a determination of need. Such application shall be submitted to and approved by the commissioner unless the commissioner finds that the municipal advanced life support first responder service or municipal ambulance service has failed to meet the appropriate training, staffing, and equipment standards.

The following bills were passed by the Senate only:

"Seat Belt Usage" S.4765 – Requires the use of seat belts by volunteer firefighters; provides exception for vehicles that do not have restraint systems provided by the manufacturer or to volunteer firefighters not seated within the confines of the vehicle or emergency medical personnel providing patient care in the rear compartment of an ambulance.

"Sex Offender Ban on Membership" S.4931 – Prohibits people registered under the Sex Offender Registration Act from being a volunteer firefighter; provides that a conviction that requires registration under the Sex Offender Registration Act shall result in an immediate disqualification as a member.

Status of bills we opposed:

"Live Fire Training Regulations" S.7588 – Authorizes the Office of Fire Prevention and Control (OFPC) to establish standards for the conducting of live fire exercises. Also makes OFPC the investigatory agency in live fire training accidents. Passed the Assembly, died in the Senate.

"Auto Insurance for Volunteers" S.7312-B – Requires that volunteers be provided the full "maximum underinsured motorist coverage" available. This would effectively require every municipality to provide additional insurance to each volunteer for all driving situations in personal auto vehicles. Although well intentioned, this is an unachievable, incredibly expensive, unfunded mandate.

NYSAFC President Richard Messina said, "We’re very pleased overall with the success of the fire service in Albany this year. The organizations worked well to focus on the issues and our membership really conveyed a message to their representatives." Messina added, "NYSAFC is committed to helping our members and legislators understand how actions in Albany impact local fire departments."

NYSAFC gratefully acknowledges the support and efforts of our fire service partners, particularly the Association of Fire Districts of the State of New York (AFDSNY), County Fire Coordinators’ Association of the State of New York, and the Firemen’s Association of the State of New York (FASNY).