senate Bill S4004A

Expands the coverage to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems; repealer

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • PRINT NUMBER 4004A
  • 16 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Provides that any: (i) melanoma; or (ii) condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total or partial disability or death to a volunteer firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such a melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proven by competent evidence.

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Bill Details

See Assembly Version of this Bill:
A9100
Versions:
S4004
S4004A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Add §11-d, Vol Ffs Ben L

Votes

6
0
6
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S4004A

TITLE OF BILL:

An act
to amend the volunteer firefighters' benefit law, in relation to the
expansion of coverage to include cancer of the digestive, hematological,
lymphatic, urinary, prostate, neurological, breast and reproductive
systems; and providing for the repeal of such provisions upon expiration
thereof

PURPOSE:

This legislation is designed to expand the existing coverage under the
VFBL to include cancer of the digestive, hematological, lymphatic,
urinary, prostate, neurological, breast and reproductive systems.

SUMMARY OF PROVISIONS:

Section 1. The volunteer firefighters' benefit law is amended by
adding a new section 11-d to read as follows:

§ II-d. Certain impairments of health; presumption. Notwithstanding
any other provision of this chapter to the contrary, any (i) melanoma
or (ii) condition of cancer affecting lymphatic, digestive,
hematological, urinary, prostate, neurological, breast and
reproductive systems, resulting in total or partial disability or
death to a volunteer firefighter, who successfully passed a physical
examination on entry into firefighter service, which examination
failed to reveal any evidence of such a melanoma or condition, shall
be presumptive evidence that it was incurred in the performance and
discharge of duty unless the contrary be proved by competent
evidence. The provisions of this section shall remain in full force
and effect to and including the thirtieth day of June, two thousand
fifteen.

JUSTIFICATION:

Overexposure to smoke increases the risk of contracting cancer of the
lungs. In addition, exposure to smoke and toxic fumes creates greater
risk of cancer in other parts of the body as well. For example,
exposure to smoke and fumes through volunteer firefighting may also
cause cancer in an individual's esophagus, stomach, blood,
intestines, and even the brain.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take immediately, with provisions.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4004--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 11, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  the  expansion of coverage to include cancer of the digestive, hemato-
  logical, lymphatic, urinary, prostate, neurological, breast and repro-
  ductive systems; and providing for the repeal of such provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
adding a new section 11-d to read as follows:
  S  11-D.  CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION.  NOTWITHSTANDING
ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY:  (I) MELANOMA;
OR (II) CONDITION OF CANCER AFFECTING LYMPHATIC, DIGESTIVE,  HEMATOLOGI-
CAL,  URINARY,  PROSTATE,  NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS,
RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A  VOLUNTEER  FIRE-
FIGHTER,  WHO  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON ENTRY INTO
FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE  OF
SUCH  A MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY UNLESS THE CONTRARY BE
PROVEN BY COMPETENT EVIDENCE.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2016.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09945-02-1

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