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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Sponsored By

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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Bill Amendments

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

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

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
              

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

2019-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.

2019-S8041A (ACTIVE) - Sponsor Memo

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.
              

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