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Assembly Bill A4598

2009-2010 Legislative Session

Presumes certain diseases to have been incurred in the performance and discharge of duty if a previous physical found no evidence of such disease

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Archive: Last Bill Status - In Assembly Committee

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2009-A4598 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง207-r, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A3186

2009-A4598 (ACTIVE) - Summary

Presumes certain diseases impairing the health of a uniformed member of a paid police department in a city with a population of one million or more to have been incurred in the performance and discharge of duty if a previous physical found no evidence of such disease.

2009-A4598 (ACTIVE) - Bill Text download pdf 

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

                                  4598

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. CYMBROWITZ, CUSICK, N. RIVERA -- Multi-Sponsored
  by -- M. of A.  V. LOPEZ, LUPARDO, MILLMAN, PHEFFER -- read  once  and
  referred to the Committee on Local Governments

AN  ACT  to  amend  the  general  municipal  law, in relation to certain
  impairments of health presumed incurred in the performance of duty

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

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 207-r to read as follows:
  S 207-R. POLICE OFFICERS; PRESUMPTION IN CERTAIN DISEASES.    NOTWITH-
STANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES  OF  THIS  CHAPTER,  ANY
CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY (1) DISEASES OF THE LUNG, OR
(2)  ANY CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATO-
LOGICAL,  URINARY,  NEUROLOGICAL,  BREAST,  REPRODUCTIVE   OR   PROSTATE
SYSTEMS,  OR  (3)  MELANOMA  RESULTING IN TOTAL OR PARTIAL DISABILITY OR
DEATH TO A UNIFORMED MEMBER OF A PAID POLICE DEPARTMENT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE WHERE SUCH MEMBER SUCCESSFULLY  PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SUCH SERVICE OR SUBSEQUENT THERETO,
WHICH  EXAMINATION  FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH CONDITIONS,
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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07507-01-9

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