A04598 Summary:

BILL NO    A04598 

SAME AS    No same as

SPONSOR    Cymbrowitz (MS)

COSPNSR    Cusick, Rivera N

MLTSPNSR   Lopez V, Lupardo, Millman, Pheffer

Add S207-r, Gen Muni L

Presumes certain diseases impairing the health of a uniformed member of a paid
police department in a city with a population of one million or more to have
been incurred in the performance and discharge of duty if a previous physical
found no evidence of such disease.

A04598 Actions:

BILL NO    A04598 

02/05/2009 referred to local governments
01/06/2010 referred to local governments

A04598 Votes:

A04598 Memo:

 BILL NUMBER:  A4598

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to certain impairments of health presumed incurred in the
performance of duty

 PURPOSE OR GENERAL IDEA OF BILL :

This bill creates a presumption that certain cancers causing
disability or death to a uniformed member of a paid police department
in a city with a population of one million or more.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would amend the general municipal law by adding a new
section 207-r to read: Police officers, presumption in certain
diseases. Notwithstanding any provision of this chapter or of any
general special or local law in to the contrary, and for the purposes
of this chapter, any condition of impairment of health caused by (1)
diseases of the lung, (2) any condition of cancer affecting the
lymphatic, digestive, hematological, urinary, neurological, breast,
reproductive or prostate systems, or (3) melanoma resulting in total
or partial disability or death to a uniformed member of a paid police
department in a city with a population of one million or more where
such member successfully passed a physical examination on entry into
such service or subsequent thereto, which examination failed to reveal
any evidence of such conditions, shall be presumptive evidence that it
was incurred in the performance and discharge of duty, unless the
contrary is proven by competent evidence.

 JUSTIFICATION :

The brave women and men who are police officers and firefighters are
exposed to certain cancers due to dangerous situations in their
working environments. This bill would support evidence of job related
cancers that occur in the performance of their duties.

 PRIOR LEGISLATIVE HISTORY :

2005 A.5273a/S.2516a Vetoed by Governor 2006 A.9242a/S.6299a Vetoed by
Governor 2007 A.6237a/S.3258a Amend & recommit to Local
Governments/Cities

 FISCAL IMPLICATIONS :

 FISCAL NOTE : If this bill were to be enacted in the 2007 Legislative
Session, the cost to the City in fiscal year 2007-08 would be
approximately $400,000 and would remain constant as a percent of
payroll.  This estimate dated January 24, 2007, by Jonathan Schwatrz,
consulting actuary and intended for use in the 2007 Legislative
Session.

 EFFECTIVE DATE :
This act shall take effect immediately.