Assembly Bill A5039

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5039
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2025
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, SANTABARBARA, DeSTEFANO, MORINELLO,
   TAGUE, MANKTELOW, STECK, EACHUS, BUTTENSCHON -- Multi-Sponsored by  --
   M.  of  A.  BLANKENBUSH  -- read once and referred 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  SUCH PERSON'S 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 SUCH FIREFIGHTER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01688-01-5
              

 A. 5039                             2
 
 POSITION, LOSS OF EARNINGS OR ANY OTHER COST PAYABLE UNDER THIS CHAPTER,
 THE STATE 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  immediate-
 ly,  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 effective date.