Assembly Bill A8361

2015-2016 Legislative Session

Establishes presumption that cancer related disabilities suffered by volunteer firefighters were caused by an accident and incurred in the performance of firefighting duties

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Archive: Last Bill Status - In Assembly 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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2015-A8361 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §11-c, Vol Ffs Ben L
Versions Introduced in 2017-2018 Legislative Session:
A3653

2015-A8361 (ACTIVE) - Summary

Establishes presumption that cancer related disabilities suffered by volunteer firefighters were caused by an accident and incurred in the performance of firefighting duties.

2015-A8361 (ACTIVE) - Bill Text download pdf

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

                                  8361

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 12, 2015
                               ___________

Introduced  by  M. of A. GRAF -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  establishing a presumption relating to certain cancer related disabil-
  ities incurred by volunteer firefighters

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

  Section 1. Section 11-c of the volunteer firefighters' benefit law, as
added by chapter 606 of the laws of 2006, is amended to read as follows:
  S  [11-c]  11-D.    Volunteer  firefighters;  presumption  in  certain
diseases.    Notwithstanding  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 diseases
of the lung AND/OR CANCER DISABILITIES, resulting in  total  or  partial
disability  or  death  to  a volunteer firefighter, where such volunteer
firefighter 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 such
disability or death (a) was caused by the natural and  proximate  result
of  an accident, not caused by such firefighter's own negligence and (b)
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, provided that the amend-
ments to section 11-c of the volunteer firefighters' benefit  law,  made
by section one of this act shall not affect the expiration and repeal of
such section, and shall be deemed repealed therewith.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11787-01-5


              

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