Senate Bill S6509

2011-2012 Legislative Session

Requires the New York city police department to release certain information regarding incidence of cancer in World Trade Center police responders

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Archive: Last Bill Status - In Senate Committee Cities 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 17, 2012	referred to cities

co-Sponsors

2011-S6509 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Policemen

2011-S6509 (ACTIVE) - Summary

Requires the New York city police department to release certain information to research institutions regarding incidence of cancer in World Trade Center police responders; requires the New York city police department to produce its own analysis of such incidence and to publish the results thereof.

2011-S6509 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6509

TITLE OF BILL:
An act
to require the New York city police department to release certain
information regarding incidence of cancer in World Trade Center police
responders

PURPOSE OR GENERAL IDEA OF BILL:
To require the New York City Police Department to release the names of
officers who worked at Ground Zero or a Ground Zero related location
in the months following September 11, 2001 to Mount Sinai Hospital
or any other institution conducting a study of the incidence of
cancer in police officers who worked at Ground Zero.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Sets definitions for "Police officers who participated in
World Trade Center rescue, recover or cleanup operations" and
"contracted as a result of the police officer's participation in
World trade Center rescue, recovery or cleanup operations".

Section 2: Requires the New York City Police Department (NYPD) to
transmit information regarding who (i) participated in World Trade
Center cleanup (ii)was employed by the department at the time of the
rescue, recovery and cleanup operations and (iii) who within the best
knowledge of the department has contracted any condition of cancer as

a result, to Mount Sinai Hospital or any other institution conducting
a study of the incidence of cancer in police officers who worked at
Ground Zero. If the NYPD fails to comply, the institution,
patrolmen's benevolent association or individual police officer may
apply to the Supreme Court for an order requiring compliance.

Section 3: Requires the NYPD to prepare and publish an analysis of the
incidence of cancer in police officers who participated in the World
Trade Center cleanup based on its information of every police officer
who (i) participated in World Trade Center cleanup (ii) was employed
by the department at the time of the rescue, recovery and cleanup
operations and (iii) who within the best knowledge of the department
has contracted any condition of cancer as a result.

Section 4: Requires that the information released pursuant to section
two or three contain the minimum amount of personally identifiable
and demographic information and that no information that identifies
an officer be released without his or her consent.

Section 5: This act shall take effect on the thirtieth day after it
shall have become law.

JUSTIFICATION:
Currently, cancer is not covered by the Federal Zadroga Act which
ensures that First Responders continue to be monitored and receive

treatment services for 9/11-related health problems. Efforts have
been ongoing to get cancer listed as a covered illness, but because
there have not been enough studies on cancer rates in 9/11
responders, little progress has been made. The New York City Fire
Department has been the only organization to conduct a study so far.

Mount Sinai Hospital is conducting a study that could help get cancer
listed under Zadroga, but the hospital has not been able to get the
necessary support from the City of New York. The study centers on
tracking cancer rates in police officers who worked at Ground Zero
and in order to complete it, they need the NYPD's list of officers
who worked the site. To date the NYPD has refused to release the
list. If Mount Sinai is not able to access this information, then
thousands of police officers who have contracted cancer since 9/11
might be missing out on the healthcare they deserve.

These men and women were the heroes of 9/11, and they deserve the
best health care available.
If there is a higher rate of cancer, we need to find that out through
the best study possible, and that means releasing this list.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2011-S6509 (ACTIVE) - Bill Text download pdf

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

                                  6509

                            I N  S E N A T E

                            February 17, 2012
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to require the New York city police department to release certain
  information regarding incidence of cancer in World Trade Center police
  responders

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

  Section  1.  As  used  in  this act the following terms shall have the
following meanings:
  (a) "Police officers who participated in World  Trade  Center  rescue,
recovery  or  cleanup  operations"  shall  mean  any  police officer, as
defined by subdivision 34 of section 1.20 of the criminal procedure law,
who: (i) participated in the rescue, recovery, or cleanup operations  at
the World Trade Center site; (ii) worked at the Fresh Kills Land Fill in
New  York;  (iii)  worked  at  the New York city morgue or the temporary
morgue on pier locations on the west side of Manhattan; or  (iv)  manned
the  barges  between the west side of Manhattan and the Fresh Kills Land
Fill in New York. For purposes of  this  section,  "World  Trade  Center
site"  shall  mean  anywhere below a line starting from the Hudson River
and Canal Street; east on Canal Street to Pike  Street;  south  on  Pike
Street to the East River; and extending to the lower tip of Manhattan.
  (b)  "Contracted  as a result of the police officer's participation in
World Trade Center rescue, recovery or cleanup  operations"  shall  mean
that:  (i) the police officer successfully passed a physical examination
prior to such rescue, recovery or cleanup operation,  which  examination
failed  to  reveal  any evidence of a condition of cancer; and (ii) such
condition of cancer was diagnosed after participation  in  such  rescue,
recovery or cleanup operation.
  S  2.  (a)  Notwithstanding  articles 6 and 6-A of the public officers
law, the New York city police department shall be required  to  transmit
to the Mount Sinai Medical Center in New York city within thirty days of
the  effective  date  of this act, and thereafter, upon request therefor
from an institution of higher education or another research  institution
engaged  in study relating to the incidence of cancer in police officers

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

                                                           LBD14569-02-2

S. 6509                             2

who participated in the World Trade Center rescue, recovery  or  cleanup
operations,  to  such  institution within thirty days of such a request,
information in its possession concerning every police officer  who:  (i)
participated  in  World  Trade  Center rescue, recovery or cleanup oper-
ations; (ii) was employed by such department at the time of such rescue,
recovery or cleanup operations; and (iii) who, within the best knowledge
of such department, has contracted any condition of cancer as  a  result
of  the  police  officer's  participation  in World Trade Center rescue,
recovery or cleanup operations.
  (b) Upon the failure or refusal to comply  with  the  requirements  of
this  subdivision,  Mount  Sinai Medical Center, the requesting institu-
tion, the patrolmen's benevolent association  or  an  individual  police
officer  who  participated in the World Trade Center rescue, recovery or
cleanup operations may apply to the supreme court for an order  directed
to  the  person  responsible requiring compliance. Upon such application
the court may issue such order as may be just, and a failure  to  comply
with  the order of the court shall be a contempt of court and punishable
as such.
  S 3. Notwithstanding articles 6 and 6-A of the  public  officers  law,
the  New  York  city  police department shall be required to prepare and
publish an analysis of the incidence of cancer in  police  officers  who
participated in the World Trade Center rescue, recovery or cleanup oper-
ations, based upon information in its possession concerning every police
officer  who: (i) participated in World Trade Center rescue, recovery or
cleanup operations; (ii) was employed by such department at the time  of
such  rescue,  recovery or cleanup operations; and (iii) who, within the
best knowledge of such  department,  has  contracted  any  condition  of
cancer  as a result of the police officer's participation in World Trade
Center rescue, recovery or cleanup operations.
  S 4. Any such data or information released pursuant to section two  or
three  of  this act shall contain the minimum amount of personally iden-
tifiable and demographic information necessary to conduct  the  research
project or analysis, provided, however, that no such data or information
shall be released or published that contains the names or social securi-
ty  numbers  of  the  subject  police officers or other information that
directly identifies the  subject  police  officers,  unless  appropriate
waivers  are  obtained from the individual police officers prior to such
release or publication.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Senate Bill S6509

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

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co-Sponsors

2011-S6509 (ACTIVE) - Details

2011-S6509 (ACTIVE) - Summary

2011-S6509 (ACTIVE) - Sponsor Memo

2011-S6509 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

co-Sponsors

Daniel L. Squadron

2011-S6509 (ACTIVE) - Details

2011-S6509 (ACTIVE) - Summary

2011-S6509 (ACTIVE) - Sponsor Memo

2011-S6509 (ACTIVE) - Bill Text download pdf

Comments