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.