S T A T E   O F   N E W   Y O R K
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                                 5518--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2015
                               ___________

Introduced  by  M.  of  A.  GUNTHER, KOLB, BRINDISI, SKOUFIS, PALMESANO,
  ENGLEBRIGHT, PICHARDO, RAIA, BLAKE, HOOPER, MONTESANO,  STECK,  MAYER,
  STIRPE,  GRAF,  LUPINACCI, SALADINO, CURRAN, WOZNIAK, SCHIMEL, THIELE,
  JAFFEE, SKARTADOS, BLANKENBUSH, SIMANOWITZ,  LUPARDO,  WALTER,  FINCH,
  WOERNER,  MALLIOTAKIS,  GOODELL,  GOLDFEDER,  MURRAY, RUSSELL, LAVINE,
  LAWRENCE, GARBARINO, ZEBROWSKI, BUTLER, HUNTER,  KATZ,  CAHILL,  OTIS,
  OAKS,  RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
  NOJAY, RAMOS, BARRETT, PALUMBO, CORWIN,  GJONAJ,  DiPIETRO  --  Multi-
  Sponsored  by  -- M.  of A. BARCLAY, BUCHWALD, CERETTO, DUPREY, GALEF,
  KEARNS, MAGEE, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN,  RA,
  ROZIC,  SANTABARBARA,  SCHIMMINGER, SIMON -- read once and referred to
  the Committee on Local Governments -- recommitted to the Committee  on
  Local Government in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  the  expansion of coverage to include cancer of the lymphatic or hema-
  tological systems, the  digestive,  urinary,  prostate,  neurological,
  breast  or  reproductive  systems  or  melanoma; and providing for the
  repeal of such provisions upon expiration thereof

  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 11-d to read as follows:
  S 11-D. VOLUNTEER FIREFIGHTERS; PRESUMPTION  IN  CERTAIN  CANCERS.  1.
NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, A
CONDITION OF IMPAIRMENT OF HEALTH OF A VOLUNTEER  FIREFIGHTER  WITH  (A)
FIVE  OR  MORE YEARS OF FAITHFUL AND ACTUAL SERVICE IN THE PROTECTION OF
LIFE AND PROPERTY FROM FIRE IN  THE  INTERIOR  OF  BUILDINGS  CAUSED  BY
CANCER  AFFECTING  THE  LYMPHATIC OR HEMATOLOGICAL SYSTEMS OR (B) TEN OR
MORE YEARS OF FAITHFUL AND ACTUAL SERVICE IN THE PROTECTION OF LIFE  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04199-07-6
              

A. 5518--A                          2

PROPERTY FROM FIRE IN THE INTERIOR OF BUILDINGS CAUSED BY CANCER AFFECT-
ING  THE DIGESTIVE, URINARY, PROSTATE, NEUROLOGICAL, BREAST OR REPRODUC-
TIVE SYSTEMS OR MELANOMA, RESULTING IN TOTAL OR  PARTIAL  DISABILITY  OR
DEATH  TO SUCH VOLUNTEER FIREFIGHTER, WHO SUCCESSFULLY PASSED A PHYSICAL
EXAMINATION ON ENTRY INTO FIREFIGHTER SERVICE, WHICH EXAMINATION  FAILED
TO  REVEAL  ANY  EVIDENCE OF SUCH CANCERS, SHALL BE PRESUMPTIVE EVIDENCE
THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE  OF  DUTY,  UNLESS
THE  CONTRARY  BE  PROVEN  BY  COMPETENT EVIDENCE.   CLAIMS FOR BENEFITS
PURSUANT TO THIS SECTION MUST BE FILED WITHIN TWELVE YEARS OF SEPARATION
FROM ACTIVE SERVICE IN PROTECTING LIFE AND PROPERTY  FROM  FIRE  IN  THE
INTERIOR OF BUILDINGS.
  2. THIS SECTION SHALL NOT APPLY TO VOLUNTEER FIREFIGHTERS SERVING IN A
FIRE  COMPANY  OR FIRE DEPARTMENT WHERE THE LEGISLATIVE BODY OF THE CITY
OR THE VILLAGE, THE BOARD OF FIRE COMMISSIONERS OR OTHER GOVERNING BOARD
OF THE FIRE DISTRICT, OR THE TOWN BOARD OF THE TOWN IN RELATION  TO  (A)
THE  FIRE  COMPANIES  SERVING  TERRITORY  OUTSIDE  THE VILLAGES AND FIRE
DISTRICTS OR (B) A TOWN FIRE DEPARTMENT, HAS  ADOPTED  A  LOCAL  LAW  OR
RESOLUTION TO ELECT NOT TO PROVIDE THIS PRESUMPTION.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2020.