New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A05133 Summary:

A05133 Actions:

A05133 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Magnarelli      
DATE:06/02/2016AYE/NAY:16/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
Friend
Excused
Gantt
Aye
McKevitt
Aye
Magee
Aye
Stec
Aye
Ramos
Excused
Brabenec
Aye
Schimel
Excused
Wozniak
Aye
Russell
Aye
Bronson
Aye
Ryan
Excused
Skartados
Aye
Buchwald
Aye
Gjonaj
Aye
Otis
Aye
Skoufis
Aye
Jean-Pierre
Aye
Woerner
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/06/2016AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Excused
Perry
Excused
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Excused
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

Committee:RULES   Chair:Heastie      
DATE:06/08/2016AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A05133 Floor Votes:

A05133 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5133--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2015
                                       ___________
 
        Introduced  by  M.  of  A. MORELLE, GUNTHER, PICHARDO, WOERNER, SKOUFIS,
          HUNTER, JAFFEE, SCHIMEL -- Multi-Sponsored by --  M.  of  A.  CERETTO,
          CURRAN,  GOODELL,  GRAF,  KEARNS, MAGEE, McDONALD, McDONOUGH, PALUMBO,
          RAMOS -- read once and referred to the Committee on Local  Governments
          --  recommitted  to  the  Committee on Local Governments in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
          teer ambulance workers' benefit law, in relation  to  the  payment  of
          benefits
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 8 of the volunteer firefighters'  benefit  law,  as
     2  amended  by  section  1 of part GG of chapter 54 of the laws of 2016, is
     3  amended to read as follows:
     4    § 8. Permanent total disability benefits. In the case of  total  disa-
     5  bility  adjudged to be permanent the volunteer firefighter shall be paid
     6  [four] six hundred dollars for each week during the continuance thereof.
     7  Permanent total disability, within the meaning of  this  section,  shall
     8  exist only if the earning capacity of the volunteer firefighter has been
     9  lost  permanently  and  totally as the result of the injury. The loss of
    10  both hands, or both arms, or both feet, or both legs, or both  eyes,  or
    11  any  two  thereof,  shall,  in  the  absence  of conclusive proof to the
    12  contrary, constitute permanent total disability, but in all other  cases
    13  permanent  total  disability  shall be determined in accordance with the
    14  facts. Notwithstanding any other provisions of this chapter, an  injured
    15  volunteer  firefighter  disabled due to the loss or total loss of use of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04733-09-6
        A. 5133--C                          2
 
     1  both eyes, or both hands, or both arms, or both feet, or both  legs,  or
     2  any  two  thereof shall not suffer any diminution of such weekly benefit
     3  by engaging in business or employment provided his or her  weekly  earn-
     4  ings or wages, when combined with his or her weekly benefit shall not be
     5  in excess of eight hundred dollars; and further provided that the appli-
     6  cation  of  this section shall not result in reduction of benefits which
     7  an injured volunteer firefighter who is disabled  due  to  the  loss  or
     8  total  loss  of  use  of both eyes, or both hands, or both arms, or both
     9  feet, or both legs, or any two thereof would otherwise  be  entitled  to
    10  under any other provisions of this article.
    11    §  2.  Section  8  of the volunteer ambulance workers' benefit law, as
    12  amended by chapter 574 of the laws  of  1998,  is  amended  to  read  as
    13  follows:
    14    §  8.  Permanent total disability benefits. In the case of total disa-
    15  bility adjudged to be permanent the volunteer ambulance worker shall  be
    16  paid  [four]  six  hundred  dollars for each week during the continuance
    17  thereof. Permanent total disability, within the meaning of this section,
    18  shall exist only if the earning  capacity  of  the  volunteer  ambulance
    19  worker  has been lost permanently and totally as the result of the inju-
    20  ry. The loss of both hands, or both arms, or both feet, or both legs, or
    21  both eyes, or any two thereof, shall, in the absence of conclusive proof
    22  to the contrary, constitute permanent total disability, but in all other
    23  cases permanent total disability shall be determined in accordance  with
    24  the  facts.  Notwithstanding  any  other  provisions of this chapter, an
    25  injured volunteer ambulance worker disabled due to  the  loss  or  total
    26  loss  of use of both eyes, or both hands, or both arms, or both feet, or
    27  both legs, or any two thereof shall not suffer any  diminution  of  such
    28  weekly benefit by engaging in business or employment provided his or her
    29  weekly  earnings  or  wages, when combined with his weekly benefit shall
    30  not be in excess of [six] eight hundred dollars;  and  further  provided
    31  that  the  application  of this section shall not result in reduction of
    32  benefits which an injured volunteer ambulance worker who is disabled due
    33  to the loss or total loss of use of both eyes, or both  hands,  or  both
    34  arms,  or both feet, or both legs, or any two thereof would otherwise be
    35  entitled to under any other provisions of this article.
    36    § 3. This act shall take effect on the  same  date  and  in  the  same
    37  manner  as  part  GG  of chapter 54 of the laws of 2016 takes effect and
    38  shall apply to weekly benefit periods that  commence  after  January  1,
    39  2017.