COVID-19 LOSAP Bill Amended & Progressing

5/25/2020

*5/28/2020 UPDATE - The bill was passed by both houses - we now just need the Governor's signature for it to become law*

The bill that would amend the General Municipal Law to address LOSAP points during the COVID-19 pandemic has been amended and appears poised to make progress through the legislature.

The amended bill, A10438A / S8251B, can be downloaded here:

COVID-19 BIll A10438a - S8251B
File Size:	139 kb
File Type:	pdf

Download File

Here is what you need to know about the current version of the bill:

A political subdivision that sponsors a program may now award up to five (5) points per month. This is a change from the first version that authorized a sponsor to provide a full five (5) points. This is a good change in our opinion, as it gives sponsors flexibility.
It states specifically that to award these additional points, the political subdivision must adopt a resolution by April 30, 2021 stating the number of additional points per month (not to exceed five) that will be awarded. This is an improvement as it adds clarity to the adoption process and gives local governments time to assess the impact of COVID-19 on the ability of firefighters to earn points, making it easier to decide how many additional points are appropriate.
Clarifies that these additional points are just that - in addition to any points that may have been earned during the COVID-19 pandemic.
It eliminates the previously proposed subparagraph (q) that would have allowed a political subdivision the ability to change how points are awarded under the department responses category.
Provides that the new sub-paragraphs (which includes amendments to the volunteer ambulance worker statutes) will expire on December 31, 2022.

We are thankful that the legislature took the time to consider this bill and include some language that will greatly increase the effectiveness of this legislation.

As we mentioned in a previous blog post, we had some concerns about the previously proposed subparagraph (q). Since that proposed subparagraph has been eliminated, in one sense our concerns are satisfied. That said, we still believe it is time for the firefighter statute to be amended to allow an alternative approach to earning points under the department responses category. Perhaps that can be addressed in a future session.

This bill is on the May 26, 2020 agenda of the Local Government committees of both the Senate and Assembly. Therefore, it seems likely these bills will progress and possibly be passed by both houses in the near future. Of course, even if it passes both houses it would then have to be signed into law by the Governor.

Given the progress these bills have made over the last week, we anticipate it becoming law. This will give local governments a reasonable option to address the impact that the COVID-19 pandemic will have on the ability of volunteer firefighters to earn points in 2020.

2 Comments

Keith Kostuk

5/26/2020 08:04:23 pm

Hey Tony good news on the legislation change. One question I know it gives us the ability to allocate up to 5 points but can the district also allocate different point amounts to different firefighters based on past history of individuals and how many points would normally earn each month. As we know some of our members earn zero points each year and doesn’t make sense for them to earn points. Hope that makes sense to you. Also regarding the 25 points allocated for attendance at alarms I do like the idea of giving a half point per alarm. Just don’t know how that works with NY legislation saying you award points for making 10 percent of alarms in our case to earn the 25 points you would need 50 alarms for us would mean you would be making 20 to 25 percent of alarms. Thanks Tony be safe Keith

Tony Hill

5/27/2020 09:13:44 am

Keith - it appears you will have to be consistent with awarding the same number of points to each active firefighter, regardless of their typical past participation levels. Who knows - there may be some that are able to participate more (or feel compelled to given the pandemic) than the past.

What is nice about this current version of the proposed legislation is the Board will have until April 30, 2021 to make the decision about the number of points per month to award. This will allow the Board time to analyze the impact of this pandemic on the firefighters ability to earn points, and hopefully make a determination that will help only those who need it.

In terms of the 1/2 point per month idea, that will require an amendment to the law, and I don't think that will be taken up in this legislative session. But I'd suggest contacting Assemblyman Thiele (and your State Senator) to let him know that you think this change in the law is needed.

Under the ambulance squad law, it is an alternative approach - you either do the percentage method or the points-per-call method. It does get tricky with smaller departments about which option could be better - it depends on the goals of the Board for participation in responses. Based on your math, you must run around 250 calls a year. That means at 1/2 point per call, a firefighter would have to attend 50 calls to earn 25 points. That is 20% of the total calls, or double the current requirement. The Board may like that increased participation or think it is too difficult. That said, currently a firefighter that only responds to 20 calls earns 0 points, where under the 1/2-point-per-call approach, that firefighter would earn 10 points.

I used the example of up to 1/2 point per call because that is what is in the ambulance squad statute; therefore we'd be asking the legislature to give fire departments the same option as the ambulance squads. But there is nothing to say the legislation couldn't allow up to 1 point per call.

Thanks for your question!

Daily Douse

COVID-19 LOSAP Bill Amended & Progressing

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