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Assembly Bill A3653

2017-2018 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

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2017-A3653 (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 2015-2016 Legislative Session:
A8361

2017-A3653 (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.

2017-A3653 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3653
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M. of A. GRAF, HYNDMAN, LUPINACCI, McDONOUGH, ORTIZ, RA,
   MURRAY, RAIA, GARBARINO, WALTER, STECK, LAWRENCE,  RICHARDSON,  McKEV-
   ITT,  SALADINO, COLTON, BLANKENBUSH, FINCH -- Multi-Sponsored by -- M.
   of A. CROUCH, LOPEZ, MAGEE, McLAUGHLIN, PALMESANO,  PICHARDO  --  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:
   §  [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.
   § 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.
                                                            LBD05683-01-7

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