Senate Bill S5624B

2011-2012 Legislative Session

Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2012

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2012	print number 5624b
Feb 23, 2012	amend and recommit to local government
Jan 13, 2012	print number 5624a
Jan 13, 2012	amend and recommit to local government
Jan 04, 2012	referred to local government
Jun 07, 2011	referred to local government

Bill Amendments

Original

B (Active)

2011-S5624 - Details

See Assembly Version of this Bill:: A8563
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §9-a, Vol Ffs Ben L; add §9-a, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3589, A485
2015-2016: S2719, A1627
2017-2018: S3904, A6367
2019-2020: S4631, A5895
2021-2022: S1318, A1324

2011-S5624 - Summary

Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2012.

2011-S5624 - Sponsor Memo

                                BILL NUMBER:S5624

TITLE OF BILL:
An act
to amend the volunteer firefighters' benefit law and the volunteer
ambulance workers' law, in relation to updating benefits and modernizing
coverage for services provided in the line of duty

PURPOSE:
This legislation updates and modernizes certain provisions of law
relating to the volunteer fire service. The purpose of the
legislation is to more accurately reflect current emergency response
practices and to bring the state of the law for volunteers into
greater parity with other segments of the response community.

SUMMARY OF PROVISIONS:
Section 1 of the legislation amends the volunteer firefighters'
benefit law (VFBL) to provide benefits for injuries sustained while
participating in physical fitness activity that is undertaken in the
firehouse to better prepare for volunteer firefighting duties.

Section 2 of the legislation amends the VFBL to update the weekly
benefit for volunteers that sustain total permanent disability or
partial permanent disability while in the line of duty.

Section 3 of the legislation amends the volunteer ambulance workers'

benefit law (VAWBL) to update the weekly benefit for volunteers that
sustain total permanent disability or partial permanent disability
while in the line of duty.

Section 4 of the legislation is the effective date.

JUSTIFICATION:
Like any other industry, the volunteer fire service has evolved over
time. Years of experience and technological advancements have changed
the ways volunteer emergency response is provided and, as a result, a
new set of preferred or best practices has developed. This
legislation is designed to modernize the law to better reflect
current practices and to update the law to bring the volunteer fire
service into greater parity with other segments of the workforce.

The best firefighters are well prepared firefighters. To that end, the
volunteer fire service strongly encourages physical fitness programs
to improve conditioning - which will produce better performance of
firefighting duties. The VFBL does provide coverage for injuries
sustained during a supervised group physical fitness class (e.g.
YMCA), but it does not provide coverage for injuries sustained while
exercising in the workout room of the fire company. Free time for
volunteers is limited and the best practice is to provide a workout
facility in the firehouse - this
arrangement is becoming more common. Consequently, VFBL coverage
should be provided for injuries sustained while exercising in the
on-site workout room.

Despite years of experience and technological advancements, injuries
are still a part of the volunteer fire service. Sometimes the


injuries are severe - causing temporary or total permanent
disabilities. The weekly benefit under VFBL and VAWBL for such
injuries has not been updated in over ten years. It is time to update
these benefits.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5624 - Bill Text download pdf

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

                                  5624

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
  teer  ambulance  workers'  law,  in  relation to updating benefits and
  modernizing coverage for services provided in the line of duty

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

  Section  1. Paragraph p of subdivision 1 of section 5 of the volunteer
firefighters' benefit law, as added by chapter 614 of the laws of  1986,
is amended to read as follows:
  p.  While,  within  the state and pursuant to orders or authorization,
instructing, supervising, being instructed or participating in a [super-
vised] physical fitness [class, group session or program for the purpose
of promoting or maintaining the performance  of  their  duties]  PROGRAM
ESTABLISHED BY THE AUTHORITIES IN CONTROL OF THE FIRE DEPARTMENT OR FIRE
COMPANY  INCLUDING  A  CLASS, GROUP SESSION OR INDIVIDUAL SESSION AT THE
FIREHOUSE OR ANY OTHER FACILITY APPROVED BY  SUCH  AUTHORITIES  FOR  THE
PURPOSE  OF  PROMOTING  OR MAINTAINING THEIR PHYSICAL ABILITY TO PERFORM
THE DUTIES ASSIGNED as firefighters, as well as necessary travel to  and
necessary  travel  from such activity, but shall not include competitive
sporting events in which volunteer firefighters are competitors.
  S 2. The volunteer firefighters' benefit law is amended  by  adding  a
new section 9-a to read as follows:
  S  9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY FIRST,
TWO THOUSAND ELEVEN. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT  OR
NINE  OF  THIS  ARTICLE,  IN  THE CASE OF TEMPORARY TOTAL DISABILITY AND
PERMANENT TOTAL DISABILITY WHEN THE VOLUNTEER FIREFIGHTER IS INJURED  IN
THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, SAID FIRE-
FIGHTER  SHALL  RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING THE CONTIN-
UANCE THEREOF.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11997-01-1

S. 5624                             2

  S 3. The volunteer ambulance workers' benefit law is amended by adding
a new section 9-a to read as follows:
  S  9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY FIRST,
TWO THOUSAND ELEVEN. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT  OR
NINE  OF  THIS  ARTICLE,  IN  THE CASE OF TEMPORARY TOTAL DISABILITY AND
PERMANENT TOTAL  DISABILITY  WHEN  THE  VOLUNTEER  AMBULANCE  WORKER  IS
INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN,
SAID AMBULANCE WORKER SHALL RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING
THE CONTINUANCE THEREOF.
  S 4. This act shall take effect immediately.

2011-S5624A - Details

See Assembly Version of this Bill:: A8563
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §9-a, Vol Ffs Ben L; add §9-a, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3589, A485
2015-2016: S2719, A1627
2017-2018: S3904, A6367
2019-2020: S4631, A5895
2021-2022: S1318, A1324

2011-S5624A - Summary

Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2012.

2011-S5624A - Sponsor Memo

                                BILL NUMBER:S5624A

TITLE OF BILL:
An act
to amend the volunteer firefighters' benefit law and the volunteer
ambulance workers' law, in relation to updating benefits and modernizing
coverage for services provided in the line of duty

PURPOSE:
This legislation updates and modernizes certain provisions of law
relating to the volunteer fire service. The purpose of the
legislation is to more accurately reflect current emergency response
practices and to bring the state of the law for volunteers into
greater parity with other segments of the response community.

SUMMARY OF PROVISIONS:
Section 1 of the legislation amends the volunteer firefighters'
benefit law (VFBL) to provide benefits for injuries sustained while
participating in physical fitness activity that is undertaken in the
firehouse to better prepare for volunteer fire fighting duties.

Section 2 of the legislation amends the VFBL to update the weekly
benefit for volunteers that sustain total permanent disability or
partial permanent disability while in the line of duty.

Section 3 of the legislation amends the volunteer ambulance workers'

benefit law (VAWBL) to update the weekly benefit for volunteers that
sustain total permanent disability or partial permanent disability
while in the line of duty.

Section 4 of the legislation is the effective date.

JUSTIFICATION:
Like any other industry, the volunteer fire service has evolved over
time. Years of experience and technological advancements have changed
the ways volunteer emergency response is provided and, as a result, a
new set of preferred or best practices has developed. This
legislation is designed to modernize the law to better reflect
current practices and to update the law to bring the volunteer fire
service into greater parity with other segments of the workforce.

The best firefighters are well prepared firefighters. To that end, the
volunteer fire service strongly encourages physical fitness programs
to improve conditioning - which will produce better performance of
firefighting duties. The VFBL does provide coverage for injuries
sustained during a Supervised group physical fitness class (e.g.
YMCA), but it does not provide coverage for injuries sustained while
exercising in the workout room of the fire company. Free time for
volunteers is limited and the best practice is to provide a workout
facility in the firehouse - this arrangement is becoming more common.

Consequently, VFBL coverage should be provided for injuries sustained
while exercising in the on-site workout room.

Despite years of experience and technological advancements, injuries
are still a part of the volunteer fire service. Sometimes the
injuries are severe - causing temporary or total permanent
disabilities. The weekly benefit under VFBL and VAWBL for such
injuries has not been updated in over ten years. It is time to update
these benefits.

LEGISLATIVE HISTORY:
2011 - S.5624/A.8563 - Local Government Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

2011-S5624A - Bill Text download pdf

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

                                 5624--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 and  the  volun-
  teer  ambulance  workers'  law,  in  relation to updating benefits and
  modernizing coverage for services provided in the line of duty

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

  Section  1. Paragraph p of subdivision 1 of section 5 of the volunteer
firefighters' benefit law, as added by chapter 614 of the laws of  1986,
is amended to read as follows:
  p.  While,  within  the state and pursuant to orders or authorization,
instructing, supervising, being instructed or participating in a [super-
vised] physical fitness [class, group session or program for the purpose
of promoting or maintaining the performance  of  their  duties]  PROGRAM
ESTABLISHED BY THE AUTHORITIES IN CONTROL OF THE FIRE DEPARTMENT OR FIRE
COMPANY  INCLUDING  A  CLASS, GROUP SESSION OR INDIVIDUAL SESSION AT THE
FIREHOUSE OR ANY OTHER FACILITY APPROVED BY  SUCH  AUTHORITIES  FOR  THE
PURPOSE  OF  PROMOTING  OR MAINTAINING THEIR PHYSICAL ABILITY TO PERFORM
THE DUTIES ASSIGNED as firefighters, as well as necessary travel to  and
necessary  travel  from such activity, but shall not include competitive
sporting events in which volunteer firefighters are competitors.
  S 2. The volunteer firefighters' benefit law is amended  by  adding  a
new section 9-a to read as follows:
  S  9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY FIRST,
TWO THOUSAND TWELVE. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT  OR
NINE  OF  THIS  ARTICLE,  IN  THE CASE OF TEMPORARY TOTAL DISABILITY AND
PERMANENT TOTAL DISABILITY WHEN THE VOLUNTEER FIREFIGHTER IS INJURED  IN
THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, SAID FIRE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11997-02-1

S. 5624--A                          2

FIGHTER  SHALL  RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING THE CONTIN-
UANCE THEREOF.
  S 3. The volunteer ambulance workers' benefit law is amended by adding
a new section 9-a to read as follows:
  S  9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY FIRST,
TWO THOUSAND TWELVE. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT  OR
NINE  OF  THIS  ARTICLE,  IN  THE CASE OF TEMPORARY TOTAL DISABILITY AND
PERMANENT TOTAL  DISABILITY  WHEN  THE  VOLUNTEER  AMBULANCE  WORKER  IS
INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
SAID AMBULANCE WORKER SHALL RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING
THE CONTINUANCE THEREOF.
  S 4. This act shall take effect immediately.

2011-S5624B (ACTIVE) - Details

See Assembly Version of this Bill:: A8563
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §9-a, Vol Ffs Ben L; add §9-a, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3589, A485
2015-2016: S2719, A1627
2017-2018: S3904, A6367
2019-2020: S4631, A5895
2021-2022: S1318, A1324

2011-S5624B (ACTIVE) - Summary

Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2012.

2011-S5624B (ACTIVE) - Sponsor Memo

2011-S5624B (ACTIVE) - Bill Text download pdf

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

                                 5624--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
  teer ambulance workers' law, in  relation  to  updating  benefits  and
  modernizing coverage for services provided in the line of duty

  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 9-a to read as follows:
  S  9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY FIRST,
TWO THOUSAND TWELVE. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT  OR
NINE  OF  THIS  ARTICLE,  IN  THE CASE OF TEMPORARY TOTAL DISABILITY AND
PERMANENT TOTAL DISABILITY WHEN THE VOLUNTEER FIREFIGHTER IS INJURED  IN
THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, SAID FIRE-
FIGHTER  SHALL  RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING THE CONTIN-
UANCE THEREOF.
  S 2. The volunteer ambulance workers' benefit law is amended by adding
a new section 9-a to read as follows:
  S 9-A. TOTAL DISABILITY BENEFITS FOR INJURIES ON OR AFTER JULY  FIRST,
TWO  THOUSAND TWELVE. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT OR
NINE OF THIS ARTICLE, IN THE CASE  OF  TEMPORARY  TOTAL  DISABILITY  AND
PERMANENT  TOTAL  DISABILITY  WHEN  THE  VOLUNTEER  AMBULANCE  WORKER IS
INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
SAID AMBULANCE WORKER SHALL RECEIVE FIVE HUNDRED DOLLARS PER WEEK DURING
THE CONTINUANCE THEREOF.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11997-04-2

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Senate Bill S5624B

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2011-S5624 - Details

2011-S5624 - Summary

2011-S5624 - Sponsor Memo

2011-S5624 - Bill Text download pdf

2011-S5624A - Details

2011-S5624A - Summary

2011-S5624A - Sponsor Memo

2011-S5624A - Bill Text download pdf

2011-S5624B (ACTIVE) - Details

2011-S5624B (ACTIVE) - Summary

2011-S5624B (ACTIVE) - Sponsor Memo

2011-S5624B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5624B

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2011-S5624 - Details

2011-S5624 - Summary

2011-S5624 - Sponsor Memo

2011-S5624 - Bill Text download pdf

2011-S5624A - Details

2011-S5624A - Summary

2011-S5624A - Sponsor Memo

2011-S5624A - Bill Text download pdf

2011-S5624B (ACTIVE) - Details

2011-S5624B (ACTIVE) - Summary

2011-S5624B (ACTIVE) - Sponsor Memo

2011-S5624B (ACTIVE) - Bill Text download pdf

Comments