Expands the coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5518A
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:
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, 2020.
STATE OF NEW YORK
________________________________________________________________________
5518--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 25, 2015
___________
Introduced by M. of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, PALMESANO,
ENGLEBRIGHT, PICHARDO, RAIA, BLAKE, HOOPER, MONTESANO, STECK, MAYER,
STIRPE, GRAF, LUPINACCI, SALADINO, CURRAN, WOZNIAK, SCHIMEL, THIELE,
JAFFEE, SKARTADOS, BLANKENBUSH, SIMANOWITZ, LUPARDO, WALTER, FINCH,
WOERNER, MALLIOTAKIS, GOODELL, GOLDFEDER, MURRAY, RUSSELL, LAVINE,
LAWRENCE, GARBARINO, ZEBROWSKI, BUTLER, HUNTER, KATZ, CAHILL, OTIS,
OAKS, RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
NOJAY, RAMOS, BARRETT, PALUMBO, CORWIN, GJONAJ, DiPIETRO -- Multi-
Sponsored by -- M. of A. BARCLAY, BUCHWALD, CERETTO, DUPREY, GALEF,
KEARNS, MAGEE, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, RA,
ROZIC, SANTABARBARA, SCHIMMINGER, SIMON -- read once and referred to
the Committee on Local Governments -- recommitted to the Committee on
Local Government in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04199-07-6
A. 5518--A 2
1 property from fire in the interior of buildings caused by cancer affect-
2 ing the digestive, urinary, prostate, neurological, breast or reproduc-
3 tive systems or melanoma, resulting in total or partial disability or
4 death to such volunteer firefighter, who successfully passed a physical
5 examination on entry into firefighter service, which examination failed
6 to reveal any evidence of such cancers, shall be presumptive evidence
7 that it was incurred in the performance and discharge of duty, unless
8 the contrary be proven by competent evidence. Claims for benefits
9 pursuant to this section must be filed within twelve years of separation
10 from active service in protecting life and property from fire in the
11 interior of buildings.
12 2. This section shall not apply to volunteer firefighters serving in a
13 fire company or fire department where the legislative body of the city
14 or the village, the board of fire commissioners or other governing board
15 of the fire district, or the town board of the town in relation to (a)
16 the fire companies serving territory outside the villages and fire
17 districts or (b) a town fire department, has adopted a local law or
18 resolution to elect not to provide this presumption.
19 § 2. This act shall take effect immediately and shall expire and be
20 deemed repealed June 30, 2020.
