Bill Text: NY A03653 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes presumption that cancer related disabilities suffered by volunteer firefighters were caused by an accident and incurred in the performance of firefighting duties.

Spectrum: Slight Partisan Bill (Republican 12-7)

Status: (Introduced - Dead) 2017-01-30 - referred to local governments [A03653 Detail]

Download: New_York-2017-A03653-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3653
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by  M. of A. GRAF, HYNDMAN, LUPINACCI, McDONOUGH, ORTIZ, RA,
          MURRAY, RAIA, GARBARINO, WALTER, STECK, LAWRENCE,  RICHARDSON,  McKEV-
          ITT,  SALADINO, COLTON, BLANKENBUSH, FINCH -- Multi-Sponsored by -- M.
          of A. CROUCH, LOPEZ, MAGEE, McLAUGHLIN, PALMESANO,  PICHARDO  --  read
          once and referred to the Committee on Local Governments
        AN  ACT to amend the volunteer firefighters' benefit law, in relation to
          establishing a presumption relating to certain cancer related disabil-
          ities incurred by volunteer firefighters
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 11-c of the volunteer firefighters' benefit law, as
     2  added by chapter 606 of the laws of 2006, is amended to read as follows:
     3    §  [11-c]  11-d.    Volunteer  firefighters;  presumption  in  certain
     4  diseases.   Notwithstanding any provision of  this  chapter  or  of  any
     5  general,  special  or local law to the contrary, and for the purposes of
     6  this chapter, any condition of impairment of health caused  by  diseases
     7  of  the  lung  and/or cancer disabilities, resulting in total or partial
     8  disability or death to a volunteer  firefighter,  where  such  volunteer
     9  firefighter  successfully  passed  a  physical examination on entry into
    10  such service or subsequent thereto, which examination failed  to  reveal
    11  any evidence of such conditions, shall be presumptive evidence that such
    12  disability  or  death (a) was caused by the natural and proximate result
    13  of an accident, not caused by such firefighter's own negligence and  (b)
    14  was  incurred  in  the  performance  and  discharge  of duty, unless the
    15  contrary be proven by competent evidence.
    16    § 2. This act shall take effect immediately, provided that the  amend-
    17  ments  to  section 11-c of the volunteer firefighters' benefit law, made
    18  by section one of this act shall not affect the expiration and repeal of
    19  such section, and shall be deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05683-01-7