Firefighters Association of the State of New York

Lemon Law

Several mid-Hudson and upstate fire departments began to experience mechanical problems with purchased First Responder vehicles. This situation has a drastic impact, as it ties up precious local resources in a malfunctioning product, the truck is not easily replaced while dealers seek repairs with manufacturers and response times creep higher with an apparatus out of commission. Several volunteer departments experienced a blocked path for recourse when they sought to return the non-functioning vehicles. The NYS Lemon Law, which provides a legal remedy for consumers who are buyers or lessees of new cars and certain used cars, did not apply to warranties on defective fire apparatus and ambulances.

From a legislative standpoint, a bill needed to be crafted that would fix this problem. The difficulty arose because unlike a consumer who purchases an automobile, there is no franchised retailer to whom a fire truck can be returned. ASA worked with FASNY to educate members of the Legislature on the issue, and Senator Joe Robach and Assemblymember Monica Wallace became champions of our common sense fix to the lack of recourse - establish default manufacturer responsibility for any defects. This solution allowed for timely, direct recourse against the manufacturer, establishes a given time frame within which the manufacturer must fix the vehicle, and requires a replacement vehicle be issued if that time period expires. It also establishes an alternate mechanism for arbitration if needed.

The legislation was signed into law by Governor Cuomo and took effect on January 1, 2019. Only New York and New Jersey have such legislation, and the approach taken in New York has become the model language in other states.

Presumptive Cancer Legislation

Volunteer firefighters play an important role in their communities. In recent years, a series of national studies have linked an increase in cancer to interior rated firefighters. Over the years, FASNY has become aware of more of their members who have been diagnosed with cancer as well as the related costs associated with treatment. In many instances, the financial hardships associated with treatment became the biggest concern for FASNY members and their families. It is with this as the backdrop that FASNY sought to pass legislation designed to financially protect those volunteer firefighters who have been diagnosed with cancer.

Although the legislation had been stalled for over a decade, ASA immediately worked on a targeted advocacy strategy in each house, creating a bipartisan coalition of legislators to co-sponsor the bill and create momentum. ASA also created a coalition amongst the fire service by gaining the support of the New York State Fire Chiefs and the New York State Fire Districts. This two-pronged and aggressive outreach, along with the support of our co-sponsors Assemblymember Aileen Gunther and Senator Joseph Griffo, allowed ASA to force substantive discussions with the localities to seek a legislative solution to the bill. In previous attempts to pass the legislation, the localities strongly had opposed the bill due to cost concerns. In 2017 the bill passed both houses. The new bill, crafted by ASA, provides for a lump sum payment of $25,000 to a volunteer diagnosed with cancer as well as the opportunity to receive $1,500 a month in disability benefits for a volunteer diagnosed with cancer. 

Since the passage of this legislation, other states have begun looking to New York State as a model. Indiana, for example, was experiencing serious problems with enacted legislation that provided full health coverage. In practice, most claims were being denied as insurance companies fought them piecemeal. Advocacy groups there reached out to FASNY for guidance as they are seeing its members receiving financial benefits. Additionally, Illinois recently contacted FASNY for assistance with framing the issue and crafting legislation.