NY State Senate Bill 2019-S8041A

Senate Bill S8041A

2019-2020 Legislative Session

Relates to COVID-19 exposure during a state of emergency by volunteer firefighters and volunteer ambulance workers

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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
Mar 13, 2020	print number 8041a
Mar 13, 2020	amend (t) and recommit to local government
Mar 12, 2020	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8041 - Details

See Assembly Version of this Bill:: A10172
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §11-d, Vol Ffs Ben L; add §11-d, Vol Amb Wkr Ben L
Versions Introduced in 2019-2020 Legislative Session:: S8041, A10172

2019-S8041 - Summary

Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or the captain or other executive officer of the ambulance department, volunteer ambulance company or ambulance district of which he or she is a member may authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.

2019-S8041 - Sponsor Memo

                                
 
BILL NUMBER: S8041

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to exposure to a commu-
nicable disease that requires mandatory quarantine

 
PURPOSE:

This purpose of this bill is to extend existing benefits for volunteer
firefighters and ambulance workers to include exposure to COVID-19
during a state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1. amends the volunteer firefighters' benefit law by adding a
new section 11-d to provide that during a declared state of emergency if
a volunteer firefighter during the course of their duties is exposed to
COVID-19 the chief engineer or other executive officer of the fire

department may authorize immediate testing and treatment.  Additionally
this section provides that any condition, impairment of health, or death
resulting from COVID-19 would be covered by the volunteer firefighters
benefit law.

Section 2. amends the volunteer ambulance workers' benefit law by adding
a new section 11-d to provide that during a declared state of emergency
if a volunteer ambulance worker during the course of their duties is
exposed to COV1D-19 the captain or other executive officer of the ambu-
lance department, volunteer company or ambulance district may authorize
immediate testing and treatment. Additionally this section provides that
any condition, impairment of health, or death resulting from COVID-19
would be covered by the volunteer ambulance workers' benefit law.

Section 3. is the enacting clause.

 
JUSTIFICATION:

Our volunteer firefighters, and ambulance workers put their lives on the
line to help others without regard for the implications they or their
families may face as the result of the dangers associated with their
heroism. Currently they are responding to the COVID-19 pandemic without
coverage under their existing injury and death benefits.

The brave men and women who respond to fires, natural disasters, pandem-
ics, and all manner of other catastrophes must be protected.  These
benefits make it possible for our volunteer first responders and their
families to make it by when tragedy strikes. Therefore, they should be
extended to include the current pandemic caused by the COVID-19 virus.

 
FISCAL IMPLICATIONS:

Minimal

 
LOCAL FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8041 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8041
 
                             I N  S E N A T E
 
                              March 12, 2020
                                ___________
 
 Introduced by Sens. BROOKS, MARTINEZ, BORRELLO, BOYLE, GAUGHRAN, KAPLAN,
   KENNEDY, MAY -- read twice and ordered printed, and when printed to be
   committed to the Committee on Local Government
 
 AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
   teer ambulance workers' benefit law, in  relation  to  exposure  to  a
   communicable disease that requires mandatory quarantine

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-b of the volunteer firefighters' benefit law, as
 amended by chapter 476 of the laws  of  2018,  is  amended  to  read  as
 follows:
   § 11-b. Hazardous  exposures. If, as a result of services performed in
 THE line of duty, a volunteer firefighter is  exposed  to  or  comes  in
 contact  with any poisons, gases, x-rays, radium, radio-active materials
 or other potentially harmful substances or matter, OR IS  EXPOSED  TO  A
 COMMUNICABLE DISEASE THAT REQUIRES MANDATORY QUARANTINE, the chief engi-
 neer  or  other executive officer of the fire department or fire company
 of which he or she is a member may authorize the  volunteer  firefighter
 to obtain such examinations, tests, treatment and care as are immediate-
 ly necessary to determine whether he or she is injured. Any such author-
 ization  may  be granted prior to the giving of a notice of injury under
 this chapter. In any such  case,  the  volunteer  firefighter  shall  be
 deemed  to have been injured and shall be entitled to treatment and care
 and disability benefits as provided in this chapter.
   § 2. Section 11-b of the volunteer ambulance workers' benefit law,  as
 amended  by  chapter  481  of  the  laws  of 1988, is amended to read as
 follows:
   § 11-b. Hazardous exposures. If, as a result of services performed  in
 THE line of duty, a volunteer ambulance worker is exposed to or comes in
 contact  with  any poisons, gases, x-rays, radium, radioactive materials
 or other potentially harmful substances or matter, OR IS  EXPOSED  TO  A
 COMMUNICABLE  DISEASE THAT REQUIRES MANDATORY QUARANTINE, the captain or
 other executive officer of the ambulance department, volunteer ambulance
 company or ambulance district of which he OR SHE is a member may author-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15824-01-0

 S. 8041                             2
 
 ize the volunteer ambulance worker to obtain such  examinations,  tests,
 treatment  and care as are immediately necessary to determine whether he
 OR SHE is injured.  Any such authorization may be granted prior  to  the
 giving  of  a notice of injury under this chapter. In any such case, the
 volunteer ambulance worker shall be deemed  to  have  been  injured  and
 shall  be  entitled  to  treatment  and  care and disability benefits as
 provided in this chapter.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8041A (ACTIVE) - Details

See Assembly Version of this Bill:: A10172
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §11-d, Vol Ffs Ben L; add §11-d, Vol Amb Wkr Ben L
Versions Introduced in 2019-2020 Legislative Session:: S8041, A10172

2019-S8041A (ACTIVE) - Summary

2019-S8041A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8041a

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to COVID-19 exposure
during a state of emergency

 
PURPOSE:

This purpose of this bill is to extend existing benefits for volunteer
firefighters and ambulance workers to include exposure to COVID-19
during a state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1. amends the volunteer firefighters' benefit law by adding a
new section 11-d to provide that during a declared state of emergency if
a volunteer firefighter during the course of their duties is exposed to
COVID-19 the chief engineer or other executive officer of the fire

department may authorize immediate testing and treatment.  Additionally
this section provides that any condition, impairment of health, or death
resulting from COVID-19 would be covered by the volunteer firefighters
benefit law.

Section 2. amends the volunteer ambulance workers' benefit law by adding
a new section 11-d to provide that during a declared state of emergency
if a volunteer ambulance worker during the course of their duties is
exposed to COVID-19 the captain or other executive officer of the ambu-
lance department, volunteer company or ambulance district may authorize
immediate testing and treatment. Additionally this section provides that
any condition, impairment of health, or death resulting from COVID-19
would be covered by the volunteer ambulance workers' benefit law.

Section 3. is the enacting clause.

 
JUSTIFICATION:

Our volunteer firefighters, and ambulance workers put their lives on the
line to help others without regard for the implications they or their
families may face as the result of the dangers associated with their
heroism. Currently they are responding to the COVID-19 pandemic without
coverage under their existing injury and death benefits.

The brave men and women who respond to fires, natural disasters, pandem-
ics, and all manner of other catastrophes must be protected.  These
benefits make it possible for our volunteer first responders and their
families to make it by when tragedy strikes. Therefore, they should be
extended to include the current pandemic caused by the COVID-19 virus.

 
FISCAL IMPLICATIONS:

Minimal

 
LOCAL FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8041A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8041--A
 
                             I N  S E N A T E
 
                              March 12, 2020
                                ___________
 
 Introduced  by Sens. BROOKS, MARTINEZ, BORRELLO, BOYLE, GAUGHRAN, KAMIN-
   SKY, KAPLAN, KENNEDY, LITTLE, MAY, ORTT, SERINO, SKOUFIS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Local Government -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
   teer ambulance workers' benefit law, in relation to COVID-19  exposure
   during a state of emergency
 
   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:
   § 11-D. COVID-19 EXPOSURE. 1. IF, AS A RESULT OF SERVICES PERFORMED IN
 THE LINE OF DUTY DURING A STATE OF EMERGENCY, A VOLUNTEER FIREFIGHTER IS
 EXPOSED  TO  OR  COMES  IN  CONTACT WITH COVID-19, THE CHIEF ENGINEER OR
 OTHER EXECUTIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF  WHICH
 HE  OR SHE IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO OBTAIN
 SUCH EXAMINATIONS, TESTS, TREATMENT AND CARE AS ARE  IMMEDIATELY  NECES-
 SARY  TO  DETERMINE WHETHER HE OR SHE IS INJURED. ANY SUCH AUTHORIZATION
 MAY BE GRANTED PRIOR TO THE GIVING OF A  NOTICE  OF  INJURY  UNDER  THIS
 CHAPTER.  IN ANY SUCH CASE, THE VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO
 HAVE BEEN INJURED AND SHALL BE ENTITLED TO TREATMENT AND CARE AND  DISA-
 BILITY BENEFITS AS PROVIDED IN THIS CHAPTER.
   2.  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER, ANY, CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  EXPOSURE  TO
 COVID-19  DURING  A  STATE  OF EMERGENCY, RESULTING IN, TOTAL OR PARTIAL
 DISABILITY OR DEATH TO A VOLUNTEER FIREFIGHTER  WHERE  SUCH  FIREFIGHTER
 TESTED  POSITIVE  FOR  COVID-19, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH
 DISABILITY OR DEATH: (A) WAS CAUSED BY THE NATURAL AND PROXIMATE  RESULT
 OF  EXPOSURE  TO  COVID-19,  NOT CAUSED BY SUCH FIREFIGHTER'S OWN NEGLI-
 GENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND  DISCHARGE  OF  DUTY,
 UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15824-02-0

 S. 8041--A                          2
 
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 11-d to read as follows:
   §  11-D.  COVID-19 EXPOSURES. 1. IF, AS A RESULT OF SERVICES PERFORMED
 IN THE LINE OF DUTY DURING A STATE OF EMERGENCY, A  VOLUNTEER  AMBULANCE
 WORKER  IS  EXPOSED TO OR COMES IN CONTACT WITH COVID-19, THE CAPTAIN OR
 OTHER EXECUTIVE OFFICER OF THE AMBULANCE DEPARTMENT, VOLUNTEER AMBULANCE
 COMPANY OR AMBULANCE DISTRICT OF WHICH HE OR SHE IS A MEMBER MAY AUTHOR-
 IZE THE VOLUNTEER AMBULANCE WORKER TO OBTAIN SUCH  EXAMINATIONS,  TESTS,
 TREATMENT  AND CARE AS ARE IMMEDIATELY NECESSARY TO DETERMINE WHETHER HE
 OR SHE IS INJURED. ANY SUCH AUTHORIZATION MAY BE GRANTED  PRIOR  TO  THE
 GIVING  OF  A NOTICE OF INJURY UNDER THIS CHAPTER. IN ANY SUCH CASE, THE
 VOLUNTEER AMBULANCE WORKER SHALL BE DEEMED  TO  HAVE  BEEN  INJURED  AND
 SHALL  BE  ENTITLED  TO  TREATMENT  AND  CARE AND DISABILITY BENEFITS AS
 PROVIDED IN THIS CHAPTER.
   2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER,  ANY,  CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED BY EXPOSURE TO
 COVID-19 DURING A STATE OF EMERGENCY, RESULTING  IN,  TOTAL  OR  PARTIAL
 DISABILITY OR DEATH TO A VOLUNTEER AMBULANCE WORKER WHERE SUCH AMBULANCE
 WORKER  TESTED POSITIVE FOR COVID-19, SHALL BE PRESUMPTIVE EVIDENCE THAT
 SUCH DISABILITY OR DEATH: (A) WAS CAUSED BY THE  NATURAL  AND  PROXIMATE
 RESULT  OF  EXPOSURE  TO COVID-19, NOT CAUSED BY SUCH AMBULANCE WORKER'S
 OWN NEGLIGENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF
 DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 3. This act shall take effect immediately.

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Senate Bill S8041A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

2019-S8041 - Details

2019-S8041 - Summary

2019-S8041 - Sponsor Memo

2019-S8041 - Bill Text download pdf

co-Sponsors

2019-S8041A (ACTIVE) - Details

2019-S8041A (ACTIVE) - Summary

2019-S8041A (ACTIVE) - Sponsor Memo

2019-S8041A (ACTIVE) - Bill Text download pdf

Comments