Senate Bill S1009

2021-2022 Legislative Session

Requires the state to provide reimbursement of certain costs and benefits incurred as a result of an injury occurring during a mutual aid call

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Archive: Last Bill Status - In Senate Committee Labor 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

co-Sponsors

2021-S1009 (ACTIVE) - Details

See Assembly Version of this Bill:: A283
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §10, Work Comp L; amd §30, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6024, A7427
2023-2024: A850
2025-2026: A5039

2021-S1009 (ACTIVE) - Summary

Requires the state to provide reimbursement of certain costs and benefits incurred as a result of an injury occurring during a mutual aid call.

2021-S1009 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1009

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the workers' compensation law and the volunteer fire-
fighters' benefit law, in relation to requiring the state to provide
reimbursement of certain costs and benefits incurred as a result of an
injury occurring during a mutual aid call

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires the State to provide reimbursement to municipalities
for the costs of medical treatment and lost time incurred due to fire-
fighters and fire truck drivers who suffer an injury casually related to
a mutual aid call. In addition, the municipality shall be reimbursed for
overtime costs incurred as a result of a mutual aid call.  This bill
further requires the State of New York to reimburse Volunteer Fire
Departments for costs of medical treatment and lost time incurred due to
volunteer firefighters who suffer an injury due to a mutual aid call.

SUMMARY OF PROVISIONS:

Section 1: Provides that subdivision 4 of section 10 of the workers'
compensation law be renumbered to subdivision 5 with a new subdivision 4
which provides that the State shall reimburse a municipality for the
costs of medical treatment and time lost incurred due to firefighters
and fire truck drivers who suffer an injury casually related to a mutual
aid call. In addition, the municipality shall be reimbursed for overtime
costs incurred as a result of a mutual aid call.

Section 2: Provides that section 30 of the firefighters' benefit law is
amended by adding a new subdivision 13 which provides that the State
shall reimburse a Volunteer Fire Department for costs of medical treat-
ment and lost time incurred die to volunteer firefighters who suffer an
injury due to a mutual aid call.

Section 3: Sets forth the effective date.

 
JUSTIFICATION:

Fire departments must go to the aid of neighboring fire departments when
situations arise that require assistance.  On November 20, 2017, a New
Windsor cosmetic factory run by Verla International exploded injuring 35
and killing one worker. Volunteer fire departments in New Windsor
responded, but they needed more help.  The City of Newburgh Fire Depart-
ment responded to the situation suffer numerous Workers' Compensation
cost from injuries to firefighters as well as overtime costs. The City
of Newburgh responded to the scene, no questions asked.  There have been
similar circumstances where volunteer fire departments respond to fire
where the primary fire department is a paid fire department.

Fire departments suffer unexpected and continuing expenses due to mutual
aid calls. Often, firefighters are out of work for long periods of time
after being injured which then requires additional overtime to be paid
for those making up for the injured firefighter.  This bill would
provide that the State pick up the additional, unexpected costs incurred
from mutual aid calls. It would encourage fire departments to make mutu-
al aid calls without fear of additional costs.
 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall become a
law and shall apply to costs incurred during mutual aid calls occurring
on and after such effective date.  Effective immediately the addition,
amendment, and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.

2021-S1009 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1009
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law and  the  volunteer  fire-
   fighters'  benefit  law, in relation to requiring the state to provide
   reimbursement of certain costs and benefits incurred as a result of an
   injury occurring during a mutual aid call
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4 of section 10 of the workers' compensation
 law is renumbered subdivision 5 and a new subdivision 4 is added to read
 as follows:
   4. IF A PAID FIREFIGHTER OR PAID FIRE TRUCK DRIVER IN  THE  COURSE  OF
 RESPONDING  TO  A  MUTUAL AID CALL SUFFERS AN INJURY CAUSALLY RELATED TO
 SUCH MUTUAL AID CALL AND INCURS COSTS FOR MEDICAL TREATMENT,  LOST  TIME
 FROM  HIS  OR  HER  POSITION, REDUCED EARNINGS OR ANY OTHER COST PAYABLE
 UNDER THIS CHAPTER, THE STATE SHALL REIMBURSE THE MUNICIPALITY EMPLOYING
 THE FIREFIGHTER OR FIRE TRUCK DRIVER FOR ALL SUCH COSTS.   IN  ADDITION,
 SHOULD  A  MUNICIPALITY  INCUR  OVERTIME COSTS DUE TO A MUTUAL AID CALL,
 WHETHER OR NOT AN INJURY OCCURS, THE STATE SHALL REIMBURSE  THE  MUNICI-
 PALITY  FOR  SUCH OVERTIME COSTS.   REIMBURSEMENT UNDER THIS SUBDIVISION
 SHALL NOT EXCEED THE ACTUAL COST INCURRED. EACH MUNICIPALITY THAT  SEEKS
 REIMBURSEMENT  PURSUANT  TO THIS SUBDIVISION SHALL SUBMIT ITS CLAIMS FOR
 REIMBURSEMENT ON FORMS APPROVED BY AND  IN  ACCORDANCE  WITH  RULES  AND
 REGULATIONS PROMULGATED BY THE COMMISSIONERS.
   §  2. Section 30 of the volunteer firefighters' benefit law is amended
 by adding a new subdivision 13 to read as follows:
   13. IF A VOLUNTEER FIREFIGHTER IN THE COURSE OF RESPONDING TO A MUTUAL
 AID CALL SUFFERS AN INJURY CAUSALLY RELATED TO SUCH MUTUAL AID CALL  AND
 INCURS  COSTS FOR MEDICAL TREATMENT, LOST TIME FROM HIS OR HER POSITION,
 LOSS OF EARNINGS OR ANY OTHER COST PAYABLE UNDER THIS CHAPTER, THE STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04006-01-1

 S. 1009                             2
 
 SHALL REIMBURSE THE FIRE DEPARTMENT THE FIREFIGHTER VOLUNTEERS WITH  FOR
 ALL  SUCH  COSTS.  REIMBURSEMENT UNDER THIS SUBDIVISION SHALL NOT EXCEED
 THE ACTUAL COST INCURRED. EACH FIRE DEPARTMENT THAT SEEKS  REIMBURSEMENT
 PURSUANT  TO  THIS SUBDIVISION SHALL SUBMIT ITS CLAIMS FOR REIMBURSEMENT
 ON FORMS APPROVED BY  AND  IN  ACCORDANCE  WITH  RULES  AND  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONERS  OF  THE STATE INSURANCE FUND OF THE
 DEPARTMENT OF LABOR OF THE STATE OF NEW YORK.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law and shall apply to costs incurred during mutual aid
 calls occurring on and after such effective date.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.

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Senate Bill S1009

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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co-Sponsors

2021-S1009 (ACTIVE) - Details

2021-S1009 (ACTIVE) - Summary

2021-S1009 (ACTIVE) - Sponsor Memo

2021-S1009 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

Leroy Comrie

2021-S1009 (ACTIVE) - Details

2021-S1009 (ACTIVE) - Summary

2021-S1009 (ACTIVE) - Sponsor Memo

2021-S1009 (ACTIVE) - Bill Text download pdf

Comments