senate Bill S8041A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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

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

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

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

S8041A (ACTIVE) - 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.

S8041A (ACTIVE) - Sponsor Memo

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.

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