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A00711 Summary:

BILL NOA00711
 
SAME ASSAME AS S01411
 
SPONSORGunther
 
COSPNSRKolb, Brindisi, Skoufis, Englebright, Pichardo, Blake, Hooper, Steck, Mayer, Stirpe, Thiele, Jaffee, Skartados, Simanowitz, Lupardo, Woerner, Jenne, Zebrowski, Hunter, Cahill, Otis, Ryan, Jean-Pierre, Cusick, Gottfried, Rosenthal, Lifton, Titus, Ramos, Barrett, Gjonaj, Bronson, Palmesano, Raia, Montesano, Graf, Lupinacci, Saladino, Curran, Blankenbush, Walter, Finch, Malliotakis, Goodell, Murray, Lawrence, Garbarino, Butler, Oaks, Palumbo, DiPietro
 
MLTSPNSRBarclay, Buchwald, Galef, Kearns, Magee, McDonough, McKevitt, McLaughlin, Ra, Rozic, Santabarbara, Schimminger, Simon
 
Add 11-d, Vol Ffs Ben L
 
Expands the coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma.
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A00711 Actions:

BILL NOA00711
 
01/09/2017referred to local governments
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A00711 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A711
 
SPONSOR: Gunther (MS)
  TITLE OF BILL: An act to amend the volunteer firefighters' benefit law, in relation to the expansion of coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: This legislation is designed to expand the existing coverage under the VFBL to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems.   SUMMARY OF PROVISIONS: Section 1 of the bill adds new section 11-d to NYS Volunteer Firefight- ers' Benefit law to provide a rebuttable presumption under VFBL that any condition of impairment of health caused by cancer affecting the lymp- hatic or hematological systems resulting in total or partial disability or death to a volunteer firefighter who has at least 5 years of service as an interior firefighter and successfully passed a physical examina- tion on entry into firefighter service, which examination failed to reveal any evidence of such cancers was incurred in the performance and discharge of their duty; and provide a rebuttable presumption under VFBL that any condition of impairment of health caused by cancer affecting the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma resulting in total or partial disability or death to a volunteer firefighter who has at least 10 years of service as an inte- rior firefighter and successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such cancers was incurred in the performance and discharge of their duty. Additionally, claims for benefits pursuant to this section must be filed within twelve years of separation from active service as an interior firefighter. This bill also provides the option for any local legislative body of a city or village, board of fire commissioners or other governing board of the fire district, or the town board of the town in relation to the fire companies serving territory outside villages and fire districts or town fire department to adopt a local law or resolution to elect not to provide this presumptive coverage to firefighters and fire companies.   JUSTIFICATION: Overexposure to smoke increases the risk of contracting cancer of the lungs. In addition, exposure to smoke and toxic fumes creates greater risk of cancer in other parts of the body as well. For example, exposure to smoke and fumes through volunteer firefighting may also cause cancer in an individual's esophagus, stomach, blood, intestines, and even the brain.   LEGISLATIVE HISTORY: 2015-16: A5518A referred to local governments/S8065 passed Senate 2013-14: A1552A referred to local governments/S4936B reported to finance 2012: A9100 held in local governments/S4004A reported to finance   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take immediately and shall expire and be deemed repealed June 30, 2021.
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A00711 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           711
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, ENGLEBRIGHT,
          PICHARDO, BLAKE, HOOPER, STECK, MAYER, STIRPE, THIELE, JAFFEE, SKARTA-
          DOS, SIMANOWITZ, LUPARDO, WOERNER, JENNE, ZEBROWSKI,  HUNTER,  CAHILL,
          OTIS,  RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
          RAMOS, BARRETT, GJONAJ, BRONSON,  PALMESANO,  RAIA,  MONTESANO,  GRAF,
          LUPINACCI,  SALADINO, CURRAN, BLANKENBUSH, WALTER, FINCH, MALLIOTAKIS,
          GOODELL, MURRAY, LAWRENCE, GARBARINO, BUTLER, OAKS, PALUMBO,  DiPIETRO
          --  Multi-Sponsored  by  -- M. of A. BARCLAY, BUCHWALD, GALEF, KEARNS,
          MAGEE,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  RA,  ROZIC,  SANTABARBARA,
          SCHIMMINGER, SIMON -- read once and referred to the Committee on Local
          Governments
 
        AN  ACT to amend the volunteer firefighters' benefit law, in relation to
          the expansion of coverage to include cancer of the lymphatic or  hema-
          tological  systems,  the  digestive,  urinary, prostate, neurological,
          breast or reproductive systems or  melanoma;  and  providing  for  the
          repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
     2  adding a new section 11-d to read as follows:
     3    §  11-d.  Volunteer  firefighters;  presumption in certain cancers. 1.
     4  Notwithstanding any other provision of this chapter to the  contrary,  a
     5  condition  of  impairment  of health of a volunteer firefighter with (a)
     6  five or more years of faithful and actual service in the  protection  of
     7  life  and  property  from  fire  in  the interior of buildings caused by
     8  cancer affecting the lymphatic or hematological systems or  (b)  ten  or
     9  more  years of faithful and actual service in the protection of life and
    10  property from fire in the interior of buildings caused by cancer affect-
    11  ing the digestive, urinary, prostate, neurological, breast or  reproduc-
    12  tive  systems  or  melanoma, resulting in total or partial disability or
    13  death to such volunteer firefighter, who successfully passed a  physical
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03660-01-7

        A. 711                              2
 
     1  examination  on entry into firefighter service, which examination failed
     2  to reveal any evidence of such cancers, shall  be  presumptive  evidence
     3  that  it  was  incurred in the performance and discharge of duty, unless
     4  the  contrary  be  proven  by  competent evidence.   Claims for benefits
     5  pursuant to this section must be filed within twelve years of separation
     6  from active service in protecting life and property  from  fire  in  the
     7  interior of buildings.
     8    2. This section shall not apply to volunteer firefighters serving in a
     9  fire  company  or fire department where the legislative body of the city
    10  or the village, the board of fire commissioners or other governing board
    11  of the fire district, or the town board of the town in relation  to  (a)
    12  the  fire  companies  serving  territory  outside  the villages and fire
    13  districts or (b) a town fire department, has  adopted  a  local  law  or
    14  resolution to elect not to provide this presumption.
    15    §  2.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed June 30, 2021.
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