Bill S4936B-2013

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

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

  • Jan 17, 2014: PRINT NUMBER 4936B
  • Jan 17, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 6, 2013: PRINT NUMBER 4936A
  • May 6, 2013: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • May 1, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S4936B

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:

§ 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, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total ox 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 eighteen.

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: S.4004A of 2011-2012

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 4936--B 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________
Introduced by Sens. NOZZOLIO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted 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, 2018.

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