NY State Senate Bill S8041A

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (3)

	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)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

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 Other Legislative Sessions:: 2021-2022: S1963, A1560
2023-2024: A1511

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.

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.

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

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 Other Legislative Sessions:: 2021-2022: S1963, A1560
2023-2024: A1511

S8041A (ACTIVE) - Summary

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.

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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The New York State Senate

senate Bill S8041A

Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8041 - Details

S8041 - Summary

S8041 - Sponsor Memo

S8041 - Bill Text download pdf

Co-Sponsors

S8041A (ACTIVE) - Details

S8041A (ACTIVE) - Summary

S8041A (ACTIVE) - Sponsor Memo

S8041A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8041A

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Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8041 - Details

S8041 - Summary

S8041 - Sponsor Memo

S8041 - Bill Text download pdf

Co-Sponsors

S8041A (ACTIVE) - Details

S8041A (ACTIVE) - Summary

S8041A (ACTIVE) - Sponsor Memo

S8041A (ACTIVE) - Bill Text download pdf

Comments