Relates to the expansion of coverage for volunteer firefighters for cancer of the digestive, hematological, lymphatic, urinary, and prostate systems.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
BILL NUMBER: S4987A
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 and prostate systems
PURPOSE : This legislation is designed to expand the existing coverage lmder the VFBL to include cancer of the digestive, hematological, lymphatic, urinary and prostate 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 or prostate systems, resulting in total or partial disability or death to a volunteer firefighters, 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 twelve.
JUSTIFICATION : While overexposure to smoke increases the risk of contracting cancer of the lungs, 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, or intestines.
LEGISLATIVE HISTORY : New Bill.
FISCAL IMPACT ON THE STATE : None.
EFFECTIVE DATE : This act shall take immediately.
STATE OF NEW YORK ________________________________________________________________________ 4987--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. FOLEY -- 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 and prostate systems 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, HEMATOLOGICAL, URINARY OR PROSTATE 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 THIRTEEN. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11621-02-0