NY State Senate Bill 2011-S2916

Senate Bill S2916

2011-2012 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

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government
Feb 03, 2011	referred to local government

2011-S2916 (ACTIVE) - Details

See Assembly Version of this Bill:: A3186
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §207-r, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:: A4598

2011-S2916 (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.

2011-S2916 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2916

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill creates a presumption that certain cancers causing
disability or death to a uniformed member of a paid police department
in a city with a population of one million or more.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend the general municipal law by adding a new
section 207-r to read: police officers, presumption in certain
diseases.
Notwithstanding any provision of this chapter or of any general
special or local law in to the contrary, and for the purposes of this
chapter, any condition of impairment of health caused by (1) diseases
of the lung, (2) any condition of cancer affecting the lymphatic,
digestive, hematological, 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 is proven by competent evidence.

JUSTIFICATION:

The brave women and men who are police officers and firefighters are
exposed to certain cancers due to dangerous situations in their
working environments. This bill would support evidence of job related
cancers that occur in the performance of their duties.

PRIOR LEGISLATIVE HISTORY:

2005 A.5273A/S.2516A Vetoed by Governor; 2006 A.9242A/S.6299A Vetoed
by Governor; 2007 A.6237A/S.3258A Amend & Recommit to Local
Governments/Cities 2009-10 A.4598 Local Governments; No same as

FISCAL IMPLICATIONS:

FISCAL NOTE:
If this bill were enacted in the 2007 Legislative
Session, the cost to the City in fiscal year 2007-08 would have been
approximately $400,000 and would remain constant as a percent of
payroll. This estimate dated January 24, 2007, by Jonathan Schwatrz,
consulting actuary and intended for use in the 2007 Legislative
Session.


EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2916 (ACTIVE) - Bill Text download pdf

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

                                  2916

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

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

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.
                                                           LBD07794-01-1

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