Bill S4004A-2011

Expands the coverage to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems; repealer

Provides that any: (i) melanoma; or (ii) condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total or partial disability or death to a volunteer firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such a melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proven by competent evidence.

Details

Actions

  • May 16, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 5, 2012: PRINT NUMBER 4004A
  • Jan 5, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Mar 11, 2011: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 16, 2012
Ayes (6): Martins, Ball, McDonald, Stewart-Cousins, Oppenheimer, Klein
Ayes W/R (2): Little, Ritchie

Memo

BILL NUMBER:S4004A

TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law, in relation to the expansion of coverage to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems; 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. The volunteer firefighters' benefit law is amended by adding a new section 11-d to read as follows:

§ II-d. Certain impairments of health; presumption. Notwithstanding any other provision of this chapter to the contrary, any (i) melanoma or (ii) condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total or partial disability or death to a volunteer firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such a melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proved by competent evidence. The provisions of this section shall remain in full force and effect to and including the thirtieth day of June, two thousand fifteen.

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:

New Bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 4004--A 2011-2012 Regular Sessions IN SENATE March 11, 2011 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the volunteer firefighters' benefit law, in relation to the expansion of coverage to include cancer of the digestive, hemato- logical, lymphatic, urinary, prostate, neurological, breast and repro- ductive systems; 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: Section 1. The volunteer firefighters' benefit law is amended by adding a new section 11-d to read as follows: S 11-D. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY: (I) MELANOMA; OR (II) CONDITION OF CANCER AFFECTING LYMPHATIC, DIGESTIVE, HEMATOLOGI- CAL, URINARY, PROSTATE, NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A VOLUNTEER FIRE- FIGHTER, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH A MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE. S 2. This act shall take effect immediately and shall expire and be deemed repealed June 30, 2016.

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