S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6767
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the volunteer firefighters' benefit law, in relation  to
   death  or  disability due to vascular rupture; and to repeal section 4
   of chapter 668 of the laws of 1977, amending the volunteer  firefight-
   ers'  benefit law relating to disability due to disease or malfunction
   of the heart or coronary  arteries,  in  relation  to  making  certain
   provisions permanent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "Chief
 James Brooks Jr. Act".
   § 2. The section heading and subdivision 1 of section 61 of the volun-
 teer  firefighters' benefit law, the section heading as added by chapter
 668 of the laws of 1977, and subdivision 1 as amended by chapter 476  of
 the laws of 2018, are amended to read as follows:
   Death or disability due to disease or malfunction of heart or coronary
 arteries  OR  DUE TO VASCULAR RUPTURE; claims and procedures. 1. A claim
 for benefits for the death or disability of a volunteer firefighter  due
 to  disease  or  malfunction  of  the  heart  or of one or more coronary
 arteries OR A CLAIM FOR BENEFITS FOR THE DEATH OR DISABILITY OF A VOLUN-
 TEER FIREFIGHTER DUE  TO  VASCULAR  RUPTURE  filed  in  accordance  with
 section  forty-one  of  this  chapter,  shall not be denied provided the
 claimant introduces evidence which establishes that  a  volunteer  fire-
 fighter  suffered  disease or malfunction of the heart or of one or more
 coronary arteries, OR VASCULAR RUPTURE, which caused the disablement  or
 death   of   the   volunteer  firefighter,  and  that  such  disease  or
 malfunction, OR VASCULAR RUPTURE, resulted from the  duties  and  activ-
 ities  in  which  the  volunteer firefighter was engaged as set forth in
 section five of this chapter for which benefits shall be paid, unless it
 can be shown by substantial evidence to the contrary that the duties and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08506-01-1

 A. 6767                             2
 
 activities of the volunteer firefighter in  which  the  volunteer  fire-
 fighter  was  engaged  at  the  time  of such disease or malfunction, OR
 VASCULAR RUPTURE, did not cause or precipitate such disease or  malfunc-
 tion,  OR VASCULAR RUPTURE; and further provided that the injury did not
 result solely from the intoxication of the volunteer  firefighter  while
 acting  in line of duty or was not occasioned by the wilful intention of
 the volunteer firefighter to bring about the injury or death of  himself
 or herself or another.
   § 3. Section 4 of chapter 668 of the laws of 1977, amending the volun-
 teer  firefighters' benefit law relating to disability due to disease or
 malfunction of the heart or coronary arteries, as amended by  section  1
 of  item  CC of subpart B of part XXX of chapter 58 of the laws of 2020,
 is REPEALED.
   § 4. This act shall take effect immediately.