Provides that firefighters who die in the line of duty have their names inscribed on the New York state fallen firefighter memorial

3 Co-sponsors

• John J. Flanagan
• Kemp Hannon
• Carl L. Marcellino

BILL NUMBER:S8450

Title of bill

An act to amend the volunteer firefighters' benefit law, in relation to the New York state fallen firefighter memorial

Purpose

To include all firefighters whose death resulted from services performed in the line of duty to be inscribed on the memorial at the Capitol Mall in Albany

Summary of provisions

See Bill

Justification

Before its inception in 1995, the operation and mission of the Fallen Firefighters Memorial was decided through an extensive collaboration between the Executive branch and firefighters from across the state, including paid and non-paid. It was decided then, under Governor George Pataki, that any firefighter despite receiving a salary or not, deserved to be recognized and remembered by having their name inscribed on the wall in New York State's capital. It was decided on April 30, 1998, by James McGowan (a retired PUNY lieutenant), Gunnar Nielsen, (who at the time was President of the Firemen's Association of the State of New York), and Governor. Pataki that the criterion was to be as follows: 1. The person must be a bona fide member of a recognized Fire Protection Prevention organization. 2. The person must be engaged in a "line of duty" activity. 3. The death must be a direct and proxi- mate result of the line of duty injury. First, Paul Brady was a bona fide member for six years of the Malverne Fire Department. According to New York State law and Federal law, Paul Brady was engaged in line-of- duty activity. He was engaged in "testing fire apparatus and equipment, fire alarm systems, water supply systems and fire cisterns" as is defined as "line of duty" in New York State law. According to the United States Fire Administration, through PENA and federal law, Paul Brady was engaged in "in-station duties" and is therefore classified under "other-on-duty status" and therefore was included on the United States Fallen Firefighters Memorial in Emmitsburu, Maryland. Under the State of New York's Worker's Compensation Board Paul Brady "had an inju- ry in the line of duty as a volunteer firefighter which resulted in death." Routine maintenance is done to keep the oxygen tanks full, the Jaws of Life charged and the fire truck running as efficiently as possi- ble. If anything, Firefighter Brady's tragic death only proves the point that every task, no matter how routine it may seem, is an act of dedi- cation. The Fallen Firefighters Memorial is a source of pride and honor for every firefighter in our state. The annual October ceremony draws firefighters from every company in New York. In gathering together to recognize those who made the ultimate sacrifice, the ceremony and the Memorial become a source of healing. Despite the opinions of some professional firefighters that the wall would be "cheapened" by includ- ing Paul Brady on the wall, the families of fallen firefighters deserve a place aside from a mournful cemetery, to remember their own personal hero, a place where they can look up to their lost love one's name and leave with a feeling of pride and honor rather than that of sorrow.

Legislative history

New legislation

Fiscal implications

None

Effective date

Immediately