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New York Passes Health Insurance for Volunteer Firefighters

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With the number of volunteer firefighters in New York declining, state lawmakers approved legislation to make them eligible for low-cost municipal health insurance.

"It's a good recruitment and retention bill," said Assemblywoman RoAnn Destito, an Oneida County Democrat who sponsored the measure.  Assembly Bill A7699A passed the New York Assembly 140-0  in June and passed the Senate by voice vote in early July.

The measure was the top priority of volunteer firefighting and emergency services, Destito said. According to state and association data, their ranks statewide have thinned by about 20,000 since the mid 1980s to fewer than 100,000.

"It's a tool that has no fiscal impact on state or local taxpayers, but it allows volunteer fire services to buy into certain municipal health care plans," Destito said. "It's not funded in any way by the state or local government."

New York Governor David Paterson has signed the bill, which takes effect 180 days following that action.

CLICK HERE FOR A COPY OF THE BILL
CLICK HERE FOR THE EXPLANATION

 

2007 Legislative Session Public Safety Recap

 

FIPT FUNDS FOR CONFLAGRATIONS

The Legislature approved a $738,000 raid on the Fire Insurance Premium Tax (FIPT) Fund to pay for Conflagration costs. The purpose of the Fund, which represents a percentage of homeowners insurance paid by property owners, is to fund the Office of the State Fire Marshal (OSFM) which receives no General Fund dollars. The fire service strenuously objected to a budget note inserted by Legislative Fiscal staff which stated:

 

“The Fire Marshal is responsible for implementation of the Conflagration law for

forest and other fires. Fire costs not covered by the federal government or other

sources are the responsibility of the Fire Marshal…”

 

The fire service argued that, on the contrary, ORS 731.820 (relating to the Fire Insurance

Premium Tax) states that the fire insurance premium tax is assessed “for the purpose of

maintaining the Office of the State Fire Marshal and paying the expenses incident thereto…”

The fire service further argued that reimbursement of fire departments’ expenses incurred

under the Conflagration Act was an expense of the state of Oregon and the State’s General Fund, as stated in ORS 476.510–610. After several attempts, the final provision was embodied in SB 5533, which included a number of attractive programs including funding for forensic labs and funding for 100 additional State Troopers.

 

FIRE SAFE CIGARETTES

One of the most significant public safety legislation for Oregon’s fire service entities was HB 2163, which passed and requires cigarettes sold in Oregon after January 1, 2008, to be self-extinguishing. 

 

After that date it will be illegal to sell cigarettes that are not designed to self-extinguish. The new product will have specially designed paper that inhibits continuous burning. 

 

Similar legislation was introduced during the 2005 legislative session, passed the Senate but failed in the House. Eight people died since the 2005 session from cigarette related fires.

 

Oregon is the ninth state to pass fire-safer cigarette legislation. Other states include

California, Illinois, Kentucky, Massachusetts, New Hampshire, New York, Utah, and

Vermont.

 

VOLUNTEERS

SB 60 and SB 61, both relating to volunteers, were passed and signed by the Governor. SB 60 requires the Oregon Volunteers Commission for Voluntary Action and Service, a group comprised of 25 members appointed by the Governor, to identify goals related to

development and facilitation of public and private programs for encouraging and rewarding citizen volunteerism and participation. While Oregon’s volunteerism rate is higher than the national average, it has decreased from a high of 65 percent to its current level of 52 percent.

Senate Bill 60 is a policy statement of intent from the Legislative Assembly in support of

volunteerism. SB 60 became effective upon passage on March 16, 2007 (Chapter 6, 2007

Laws).

 

SB 61 directs the Oregon Volunteers Commission for Voluntary Action and Service to adopt recommended best practices to assist organizations and entities in screening volunteers, including the use of criminal background checks. The bill stipulates that special attention be given to developing best practices related to volunteers who are to have unsupervised access to children and vulnerable persons. SB 61 becomes effective on January 1, 2008 (Chapter 82, 2007 Laws).

 

None of the legislation offering tax credits to volunteers, including public safety volunteers progressed this session. SB 998 would have provided tax credits to Oregonians who donate 300 or more volunteer hours per year after January 2008. The bill would have also directed the Department of Public Safety Standards and Training to develop a certification program and issue certificates to qualified applicants. HB 2600 (tax credits for volunteer EMTs), HB 2670 (tax credits for emergency volunteers), SB 459, (tax credits for volunteers) and SB 1016 (tax credits for public safety volunteers) all failed.

 

SEARCH & RESCUE

SB 1002 defines the chain of command during an incident based on the National Incident

Management System Incident Command System and creates the statutory authority for a

Missing Persons Civil Investigatory Subpoena for use in the search for missing persons. The new policy includes Search and Rescue (SAR) volunteers who are approved by the county sheriff or the Office of Emergency Management in the provisions for leaves of absence from employment for volunteer duty. The bill becomes effective on January 1, 2008 (Chapter 530, 2007 Laws).

 

Another bill which failed to pass, HB 2555, was introduced by Rep. John Lim (R-Gresham) in response to the death of James Kim in the Siskiyou National Forest west of Grants Pass. Criticism over search operations prompted introduction of HB 2555 which would have expanded the definition of SAR operations to include multi-county search and rescue incidents, which occur in a search area that involves three or more counties. The measure also proposed to expand the role of the Office of Emergency Management to include maintaining a current list of the officers responsible for SAR in each county and establishing guidelines or model policies relating to multi-county search and rescue efforts.

 

ALL-TERRAIN VEHICLES

HB 2520 allows all-terrain vehicles (ATVs) to be operated on highways when being used for agricultural purposes, including transportation between ranching or farming headquarters, agricultural fields or pastures. Operators of ATVs on highways must hold a valid driver’s license and comply with posted speed limits and drive as close as possible to the right-hand edge of the highway. ATVs used in this manner must be equipped with a lighted headlight and taillight and must display a slow-moving vehicle emblem. Violation of any of the above requirements is a Class D traffic violation. The bill becomes effective on January 1, 2008 (Chapter 207, 2007 Laws).

 

Legislation to require ATV operators and passengers to wear helmets (HB 2062) and to

prohibit ATV operators from carrying passengers on ATVs not designed to carry passengers (HB 2063) failed.

 

9-1-1 FUNDING

Every several sessions the existing 9-1-1 tax (75-cents per line capable of accessing 9-1-1

services) comes up for renewal in the legislative process. Failure to renew the 9-1-1 tax

during the 2007 legislative session would have required local governments (cities, counties and special districts) who operate 9-1-1 centers to either make drastic cuts or come up with additional funding to maintain current levels of service.

 

HB 2369, as passed and signed by the Governor, extends the existing 9-1-1 tax until December 31, 2013. In addition, attempts to shift $9 million from the 9-1-1 Emergency Communications Account to fund the Oregon Wireless Interoperability Network’s (OWIN) planning and engineering activities were unsuccessful. Two bills that were passed in the final days of the legislative session, SB 994 and SB 5549 which would have diverted $9 million in 9-1-1 revenue to fund OWIN’s efforts, were vetoed by Governor Kulongoski.

 

BPSST RESTRUCTURE

An attempt to reduce the membership of the Board on Public Safety Standards and Training (BPSST) from 24 to 17 members was modified later in the session to increase Board membership after numerous work groups and revisions. In its original form, HB 3432 would have removed representation from the Portland Police Chief, the State Fire Marshal, the Portland Fire Chief, the Department of Forestry, the League of Oregon Cities and others from the Board. As amended, the bill would have increased membership of the BPSST to 25, three of whom would be nonvoting members. The bill also proposed to change the membership of the board policy committees and establish a Certification Review Committee as a policy committee.

 

Union lobbyists pressed for changes in the structure of the Board, stating that the previous structure allowed the Board to wield too much power over the careers of police officers. The controversy was sparked in part by decertification of a police officer fired for drunk driving while off duty. The bill passed the House but failed to pass the Senate prior to adjournment.

 

MISCELLANEOUS PUBLIC SAFETY ISSUES

Intrastate Mutual Assistance Compact

Effective Date: January 1, 2008; Chapter 97 (2007 Laws)

SB 330 creates an intrastate mutual assistance compact with the intent to minimize the

impact of an event that could overwhelm the resources of a local government during a non-declared emergency. The bill was introduced at the request of the Oregon Emergency Management, Oregon Association Chiefs of Police, Oregon State Sheriffs’ Association and Oregon Fire Chiefs Association.

 

Rangeland Fire Protection Associations

Effective date: July 17, 2007; Chapter 808 (2007 Laws)

SB 450 allows owners of rangeland to form organizations for the purpose of protecting

rangeland from fire when their property is outside of any forest protection district. The

measure includes a request for $60,000 from the General Fund to support the eight existing rangeland fire protection associations and an additional two associations that are in formative stages. The original such entity, Ironside Rangeland Fire Protection Association, formed in 1964, is a volunteer program that provides rangeland fire protection services on private rangeland property in Malheur County. From 1998 to 2006, seven additional volunteer rangeland fire protection associations were formed in eastern Oregon. Currently, there is no fire protection program for private rangeland property except for these volunteer groups.

 

Multi-County Searches

Did Not Pass

SB 871, introduced at the request of Crime Victims United, would have exempted disclosure of the contents of 9-1-1 tapes unless public interest requires such disclosure. The bill failed to pass.

 

Legislation Generated by Local Disputes

Did Not Pass

Two narrowly drafted bills were introduced specifically to address disputes at the local level. Neither bill passed and the disputes have or are in the process of being addressed through mediation. HB 2011 would have allowed the city of Creswell to withdraw from the Cottage Grove/South Lane Rural Fire Protection District. HB 2352 would have allowed rural fire protection districts complete access to fire hydrants. The bill arose out of a dispute between a fire district and a water district.

 

Water Permit Exemption for Firefighter Training

Effective date: January 1, 2008; Chapter 189 (2007 Laws)

HB 2100 extends the current exemption from the requirement for a water right for non-emergency fire fighting training to any entity. Currently this exemption applies to public fire departments and rural fire protection districts, but does not include the Oregon Department of Forestry and the Oregon Military Department—which also conduct training for forest fire events.

 

Abuse Reporting

Did Not Pass

Two bills aimed at expanding abuse reporting requirements and penalties for failure to report abuse were introduced this session. HB 2189, as originally introduced, would have required mandatory child abuse reporters (including firefighters and EMTs) to report the “likelihood” of child abuse. The bill was later amended to require reporting when circumstances exist that create a “substantial threat”. Both versions of the bill were opposed by the public safety community due to the subjectivity of the language. HB 2189 failed, as did SB 976, which would have increased penalties to a maximum of one year’s imprisonment, $6,250 fine, or both for failure to report child abuse or abuse of persons 65 years of age or older, mentally ill and developmentally disabled adults, or residents of long-term care facility residents.

 

Public Safety Memorial Fund

Effective date: January 1, 2008; Chapter 378 (2007 Laws)

HB 2833 will allow public safety officers to designate a beneficiary to receive benefits from the Public Safety Memorial Fund, other than a spouse, child or other dependent. If no beneficiary is designated, a parent, spouse or child may receive the benefit.

 

Distracted Driving

Effective date: January 1, 2008; Chapter 870 (2007 Laws)

Several bills were introduced to target “distracted driving”. One such bill, HB 2872, as

introduced, would have created the offense of operating a motor vehicle while using a mobile communication device. A number of entities, including the fire service, provided testimony requesting exemptions. The bill was drastically modified and, as passed, merely prohibits persons under 18 who hold a provisional driver license, special student driver permit or instruction driver permit, from using a mobile communication device while operating a motor vehicle on a highway. Failure to comply with the new law is a Class D traffic violation.

 

Public Safety Coordinating Council Recommendations

Effective date: January 1, 2008; Chapter 682 (2007 Laws)

HB 3369 requires all counties that have a local public safety coordinating council to publish a yearly summary of changes that have been made in response to its public safety

coordinating council’s recommendations. The bill also requires that the report be provided to the Oregon Criminal Justice Commission and that any vacancies in a local public safety coordinating council be filled within three months or as soon as possible.

 

Firefighter Appreciation Day

Filed with Secretary of State

Legislators have declared January 27 of each year to be Firefighter Appreciation Day under HJR 25. The concept originated as a tribute to the firefighters who died on September 11, 2001, in the World Trade Center complex in New York City. However, because police officers, civilians, airline staff and others also lost their lives that day, the bill was modified to instead designate January 27, the date when fire service was first established in the United States, in Boston, 1676.