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Bill

A 10630

Provides pay per call and paid on call stipends for volunteer firefighters and travel expense reimbursement for call response

2025 Regular Session Introduced by Anil Beephan and 20 co-sponsors

The bill allows local authorities to create nominal stipends and travel reimbursements for active volunteer firefighters, while preserving their volunteer status.

REFERRED TO LOCAL GOVERNMENTS
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Bill Summary · A 10630

Overview

Bill A.10630 (2025-2026) from New York proposes to create a voluntary pay per call and paid on call stipend program for volunteer firefighters, and to authorize travel expense reimbursements for volunteer firefighter response. The measure adds a new section to the General Municipal Law, adjusts related definitions in the Volunteer Firefighters’ Benefit Law and other statutes, and authorizes local entities to fund and administer the program. It also covers administrative rules, eligibility criteria, funding responsibilities, and reporting/waiver provisions. The act would take effect 120 days after becoming law.

Purpose and intent

  • Establish a nominal compensation program (stipends) for active volunteer firefighters who respond to emergencies (pay per call) and for standby-related activities (paid on call).
  • Allow local governing bodies (cities, towns, villages, fire districts, fire protection districts, and certain fire entities) to authorize, administer, and fund the program.
  • Preserve volunteer status by ensuring stipends remain truly nominal (not exceeding 20% of comparable public agency pay, per the bill) and by limiting compensation to one stipend per activity.
  • Provide optional reimbursement for travel expenses incurred in responding to emergencies, including mileage allowances or gasoline gift cards.
  • Clarify that participation in the stipend program does not convert a volunteer into a paid firefighter or affect existing volunteer status.

Key provisions and changes

  • New section 200-aaa of the General Municipal Law:

    • Defines terms:
    • Pay per call stipend: nominal fee for responding to an emergency.
    • Paid on call stipend: nominal fee for standby activities.
    • Call firefighter: a participant in the stipend program; remains a volunteer.
    • Authority having jurisdiction (AHJ): governing body that maintains the fire department or contracts for services.
    • Eligibility and authority:
    • AHJs may elect to permit active volunteer firefighters to receive stipends for emergency response and/or standby services.
    • Programs are established by local law, ordinance, or resolution; they can be discontinued locally.
    • Expenditures require AHJ authorization; departments may fund the program with consent of the AHJ.
    • A volunteer may receive only one stipend per activity.
    • Financial limits and administration:
    • Stipend amount set by the approving entity.
    • Total stipend amount must remain “truly nominal” and not exceed 20% of the amount paid by a public agency providing similar services in the area (per Fair Labor Standards Act guidance to maintain volunteer status).
    • Local entities fund and maintain financial documentation for the program.
    • Eligibility and requirements for recipients:
    • Volunteers must meet entry-level and periodic physicals, training requirements, and attendance requirements as determined by the AHJ and approved by appropriate medical and training authorities.
    • Payments may be denied if requirements are not met.
    • Association with service awards:
    • Stipends may count toward service award programs under Article 11-A.
    • Legal status:
    • Stipends are not considered remuneration or gratuity under the Volunteer Firefighters’ Benefit Law and do not affect volunteer status.

  • Amendments to related laws:

    • Volunteer Firefighters' Benefit Law: clarifies line-of-duty definitions to include stipends as non-remunerative for the purposes of compensation classification.
    • General Municipal Law: aligns line-of-duty definitions with stipend eligibility and travel reimbursements.
    • General Municipal Law, §72-g: authorizes travel expense reimbursement for volunteer firefighters attending training or responding to calls; allows mileage allowances or gasoline gift cards; requires chief officer verification.

  • Local government impact (Town Law):

    • Towns may assess and include the cost of stipend programs and travel reimbursements in their budgets, via a new paragraph added to §176(18).

  • Travel expense reimbursement (Section 72-g):

    • Volunteer firefighters may be reimbursed for travel related to emergency responses.
    • Reimbursement can be via mileage allowance (not to exceed federal standard mileage rates) or gasoline gift cards.
    • Requires endorsement by the fire chief verifying the response.

Who is affected

  • Active volunteer firefighters who participate in a local stipend program (pay per call and/or paid on call).
  • Fire departments/volunteer fire companies and independent volunteer fire organizations that operate as fire departments/companies or fire corporations.
  • Local governments and fire districts that oversee volunteer fire services (cities, towns, villages, fire districts, and related entities).
  • Individuals serving in standby roles or responding to emergencies under local rules establishing eligibility and compensation.

Procedural and timeline details

  • Enactment process:
    • The bill would become law after the standard legislative approval process and signature by the Governor.
    • Effective date: 120 days after becoming law.
  • Implementation steps for AHJs:
    • Local adoption of rules, ordinances, or resolutions to create the program.
    • Establishment of stipend amounts (within the 20% of comparable public agency pay cap) and program rules.
    • Creation and maintenance of financial records documenting expenditures.
    • Verification procedures for travel reimbursements and eligibility determinations by the chief officer or AHJ.
  • Waivers:
    • Volunteers may waive participation in the stipend program in writing; failure to register (if registration is required) also constitutes a waiver.

Potential impact

  • Financial: Introduces a framework for nominal stipends and travel reimbursements, while limiting stipends to a fraction of local public pay standards to preserve volunteer status.
  • Operational: Could affect volunteer recruitment and retention by offering formal compensation for time and incident response; requires robust record-keeping and compliance with eligibility criteria.
  • Legal/administrative: Narrows ambiguities around what counts as line-of-duty compensation, ensuring stipends are not treated as wages for purposes of the Volunteer Firefighters’ Benefit Law.

Note: The bill provides municipalities with discretionary authority to design and fund stipend and travel reimbursement programs, subject to local governance and compliance with the specified limitations.

Compiled from official sources — confirm details with the bill’s official record.

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