STATE OF NEW YORK ________________________________________________________________________ 6009 2025-2026 Regular Sessions IN SENATE March 4, 2025 ___________ Introduced by Sen. BASKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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 23 coverage. A volunteer fire department or fire company shall not allow 24 participants in such program to ride in any vehicle owned or operated by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00604-01-5
S. 6009 2 1 such volunteer fire department or fire company, unless such volunteer 2 fire department or fire company has purchased insurance protecting 3 against liability that could arise from such participant being injured 4 in an accident while riding in such vehicle. 5 § 2. Section 260.10 of the penal law, as amended by chapter 447 of the 6 laws of 2010, is amended to read as follows: 7 § 260.10 Endangering the welfare of a child. 8 1. A person is guilty of endangering the welfare of a child when: 9 [1. He or she] (a) Such person knowingly acts in a manner likely to be 10 injurious to the physical, mental or moral welfare of a child less than 11 seventeen years old or directs or authorizes such child to engage in an 12 occupation involving a substantial risk of danger to [his or her] such 13 child's life or health; or 14 [2.] (b) Being a parent, guardian or other person legally charged with 15 the care or custody of a child less than eighteen years old, [he or she] 16 such person fails or refuses to exercise reasonable diligence in the 17 control of such child to prevent [him or her] such child from becoming 18 an "abused child," a "neglected child," a "juvenile delinquent" or a 19 "person in need of supervision," as those terms are defined in articles 20 ten, three and seven of the family court act. 21 [3.] 2. A person is not guilty of the provisions of this section when 22 [he or she] such person engages in the conduct described in subdivision 23 one of section 260.00 of this article: (a) with the intent to wholly 24 abandon the child by relinquishing responsibility for and right to the 25 care and custody of such child; (b) with the intent that the child be 26 safe from physical injury and cared for in an appropriate manner; (c) 27 the child is left with an appropriate person, or in a suitable location 28 and the person who leaves the child promptly notifies an appropriate 29 person of the child's location; and (d) the child is not more than thir- 30 ty days old. 31 3. A volunteer fire department or fire company or a member thereof 32 shall not be guilty of a violation of this section for engaging in 33 actions authorized under section two hundred four-b of the general 34 municipal law as part of a youth program. 35 Endangering the welfare of a child is a class A misdemeanor. 36 § 3. Paragraph (e) of subdivision 1 of section 35.07 of the arts and 37 cultural affairs law is amended to read as follows: 38 (e) In any practice or exhibition or place dangerous or injurious to 39 the life, limb, health or morals of such child provided, however, that 40 the provisions of this paragraph shall not apply to: (i) service as a 41 member of a certified volunteer ambulance service under the supervision 42 of an emergency medical technician as provided in article thirty of the 43 public health law by youthful volunteers at least fifteen years of age 44 who hold a current American Red Cross advanced first aid and emergency 45 care card; or (ii) participation in activities authorized under section 46 two hundred four-b of the general municipal law as part of a youth 47 program or as an active volunteer member of a fire department. 48 § 4. This act shall take effect immediately.