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A05885 Summary:

BILL NOA05885
 
SAME ASSAME AS S06344
 
SPONSORHawley
 
COSPNSRSmullen, Angelino, Gallahan, Lawler, Manktelow
 
MLTSPNSR
 
Add §205-ccc, Gen Muni L
 
Provides that each fire district, department or company required to provide enhanced cancer disability benefits for volunteer fire fighters pursuant to section two hundred five-cc of the general municipal law shall be entitled to reimbursement by the state for payments made in order to obtain the insurance coverage necessary to satisfy the requirements of section two hundred five-cc of the general municipal law.
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A05885 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5885
 
SPONSOR: Hawley
  TITLE OF BILL: An act to amend the general municipal law, in relation to providing that each fire district, department or company required to provide enhanced cancer disability benefits for volunteer fire fighters pursuant to section two hundred five-cc of the general municipal law shall be enti- tled to reimbursement by the state for payments made in order to obtain the insurance coverage necessary to satisfy the requirements of section two hundred five-cc of the general municipal law   PURPOSE OR GENERAL IDEA OF BILL: To provide annual reimbursement to fire districts, departments or compa- nies for insurance coverage of volunteer fire fighters upon application.   SUMMARY OF PROVISIONS: Section 1 is adding a new section 205-ccc to general municipal law. 1. Each fire district, department or company will receive reimbursement in order to provide insurance coverage necessary for volunteer fire fighters. 2. Each fire district, department or company will be eligible for annual reimbursement upon application. The office of fire prevention and control will be charged with approving or denying applications. 3. The office of fire prevention and control with the department of financial services will create an application process and implement necessary rules and regulations. 4. The amount of reimbursement will be limited to what was spent in the prior fiscal year on insurance coverage. Section 2 sets the effective date.   JUSTIFICATION: Chapter 334 of 2017 established section 205-cc of the General Municipal Law in order to require fire districts, departments and companies within NYS to provide interior volunteer firefighters with benefits in the event they are diagnosed with cancer. In order to ensure such benefits are available when needed, the law requires fire district, departments and companies to obtain insurance coverage sufficient to satisfy poten- tial claims. The requirement for additional insurance coverage represents an unfunded mandate that to our local fire districts, departments and companies. This legislation would provide a mechanism by which those required to obtain additional insurance coverage to satisfy the 2017 chapter can be reimbursed for the increased expenses.   PRIOR LEGISLATIVE HISTORY: A.4935 : 2019-2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not Determined.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.
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A05885 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5885
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 1, 2021
                                       ___________
 
        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Local Governments
 
        AN ACT to amend the general municipal law, in relation to providing that
          each fire district, department or company required to provide enhanced
          cancer  disability  benefits  for  volunteer fire fighters pursuant to
          section two hundred five-cc of the  general  municipal  law  shall  be
          entitled  to  reimbursement by the state for payments made in order to
          obtain the insurance coverage necessary to satisfy the requirements of
          section two hundred five-cc of the general municipal law
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 205-ccc to read as follows:
     3    § 205-ccc. Volunteer firefighter enhanced cancer  disability  benefit;
     4  reimbursement.  1. Each fire district, department or company required to
     5  provide enhanced cancer disability benefits for volunteer fire  fighters
     6  pursuant  to  section two hundred five-cc of this article shall be enti-
     7  tled to reimbursement by the state for payments made in order to  obtain
     8  the  insurance  coverage  necessary  to satisfy the requirements of such
     9  section.
    10    2. Each fire district,  department  or  company  required  to  provide
    11  enhanced  cancer  disability  benefits  pursuant  to section two hundred
    12  five-cc of this article shall be eligible for  an  annual  reimbursement
    13  upon  application,  which must include proof of such policies held  by a
    14  district, department or company, to the office of  fire  prevention  and
    15  control.  The  office of fire prevention and control shall make determi-
    16  nations related to approving or denying submitted applications and issue
    17  appropriate reimbursements.
    18    3. The office of fire prevention and control, in conjunction with  the
    19  department  of financial services, shall establish a uniform application
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01998-01-1

        A. 5885                             2
 
     1  process for reimbursement, and shall promulgate  rules  and  regulations
     2  necessary to effectuate the provisions of this section.
     3    4. The amount of the reimbursement shall be limited to the amount each
     4  district,  department or company spent in the prior fiscal year in order
     5  to obtain insurance coverage   necessary  to  comply  with  section  two
     6  hundred five-cc of this article.
     7    §  2. This act shall take effect on the first of January next succeed-
     8  ing the date on which it shall have become a law. Effective  immediately
     9  the  addition,  amendment and/or repeal of any rule or regulation neces-
    10  sary for the implementation of  this  act  on  its  effective  date  are
    11  authorized to be made and completed on or before such date.
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