NY State Senate Bill S661

Current Bill Status - Passed Senate & Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.666 substituted for a6424 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1687 committee discharged and committed to rules
Jan 06, 2021	referred to labor

Votes

Co-Sponsors

S661 (ACTIVE) - Details

See Assembly Version of this Bill:: A6424
Law Section:: Workers' Compensation Law
Laws Affected:: Add §16-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7203, A8883
2019-2020: S2436, A2677

S661 (ACTIVE) - Summary

Provides a claim-filing opportunity for the widows and dependents of workers who died as a result of cancer caused by exposure to diesel exhaust.

S661 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S661

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
a claim-filing opportunity for the widows and dependents of workers who
died as a result of cancer caused by exposure to diesel exhaust

 
PURPOSE:

An act to temporarily amend the worker's compensation law for death
benefits with relation to cancers caused by diesel exhaust exposure.

 
SUMMARY OF PROVISIONS:

In adopting this act (new workers compensation law 16-a), it is the
intent of the legislature to allow for a filing of a claim within one
year from the effective date of this section for death benefits due to
cancer caused by exposure to diesel exhaust, superseding other legal
provisions which would bar such claims due to time-constraints.

 
EXISTING LAW:

Workers' Compensation Law Sections 16, 18, 28, 45.

 
JUSTIFICATION:

The exposure of workers to diesel exhaust within the transportation
industry is extensive and damaging. The international Research on Cancer
(IARC) of the World Health Organization (WHO), together with other
scientific groups, has recently recognized that diesel exhaust is a
Class 1 carcinogen. The public policy of the State of New York states
that workers compensation benefits shall be provided to the dependents
of workers who die as a result of workplace accidents and illnesses.

On January 5, 2012, Anthony Nigro - after whom the bill is named - died
of lung cancer after a long career as a bus mechanic. Over the course of
his job, Mr. Nigro was regularly exposed to the harmful diesel exhaust.
Although his widow filed a timely claim for death benefits, other
widows/widowers and dependents of workers who died of cancer due to
diesel exhaust exposure are barred from filing claims for workers'
compensation benefits because the statute of limitations expired before
scientific proof of diesel exhaust as a Class 1 carcinogen became avail-
able.

In order to afford these other widows/widowers and dependents of workers
who died as a result of exhaust exposure an opportunity to file claims
for death benefits, this legislation provides a one-time opportunity to
do so within one year from the effective date of this section.

 
LEGISLATIVE HISTORY:

A8883

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S661 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    661
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   a  claim-filing  opportunity  for the widows and dependents of workers
   who died as a result of cancer caused by exposure to diesel exhaust
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "the Nigro
 act".
   § 2. The workers' compensation law is amended by adding a new  section
 16-a to read as follows:
   §  16-A.  DEATH BENEFITS DUE TO DIESEL EXPOSURE. WHERE DEATH IS DUE IN
 WHOLE OR PART TO ANY CANCER  RESULTING  FROM  A  HAZARDOUS  EXPOSURE  TO
 DIESEL  EXHAUST,  A  CLAIM FOR DEATH BENEFITS SHALL NOT BE DISALLOWED AS
 BARRED BY SECTION EIGHTEEN OR SECTION TWENTY-EIGHT OF  THIS  ARTICLE  IF
 SUCH  CLAIM  IS  FILED  WITHIN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS
 SECTION. SUCH CLAIMS MAY BE FILED AFTER SUCH PERIOD IN  ACCORDANCE  WITH
 SECTION EIGHTEEN AND SECTION TWENTY-EIGHT OF THIS ARTICLE.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04662-01-1

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The New York State Senate

senate Bill S661

Sponsored By

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Co-Sponsors

S661 (ACTIVE) - Details

S661 (ACTIVE) - Summary

S661 (ACTIVE) - Sponsor Memo

S661 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S661

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Sponsored By

James Sanders Jr.

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Co-Sponsors

Alessandra Biaggi

Julia Salazar

S661 (ACTIVE) - Details

S661 (ACTIVE) - Summary

S661 (ACTIVE) - Sponsor Memo

S661 (ACTIVE) - Bill Text download pdf

Comments