Bill Text: NY A09065 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-02-11 - reported referred to ways and means [A09065 Detail]

Download: New_York-2019-A09065-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9065

                   IN ASSEMBLY

                                    January 14, 2020
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the general municipal  law,  in  relation  to  proof  of
          eligibility for volunteer firefighter enhanced cancer disability bene-
          fits;  and  to  repeal certain provisions of the general municipal law
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subparagraphs (i) and (ii) of paragraph a of subdivision 1
     2  of section 205-cc of the general  municipal  law,  subparagraph  (i)  as
     3  added  by  chapter  334  of  the  laws  of 2017 and subparagraph (ii) as
     4  amended by a chapter of the laws of 2019 amending the general  municipal
     5  law  relating to proof of eligibility for volunteer firefighter enhanced
     6  cancer disability benefits, as proposed in legislative bills numbers  S.
     7  4173-A and A. 5957-A, are amended to read as follows:
     8    (i)  A volunteer firefighter having five or more years of faithful and
     9  actual service in the protection of life and property from fire  in  the
    10  interior  of  buildings [and] subsequent to having successfully passed a
    11  physical examination [on entry to the firefighter service,] which [exam-
    12  ination] failed to reveal any evidence of cancers as  defined  in  para-
    13  graph b of this subdivision; and
    14    (ii)  Having  submitted  proof  of five years of interior firefighting
    15  service by providing verification that he or she  has  passed  at  least
    16  five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
    17  or  the  applicable  National  Fire Protection Association standards for
    18  mask fit testing or, for firefighters who entered the fire service prior
    19  to January first, two thousand twenty, documentation identified  by  the
    20  office  of  fire prevention and control in rules and regulations promul-
    21  gated pursuant to subdivision seven of this section which shall include,
    22  but not be limited to, training or certification  records,  health  care
    23  provider  records,  internal fire department records, or any combination
    24  of official documents capable of evidencing that the  firefighter  meets
    25  the requirements of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09470-04-9
        A. 9065                             2

     1    §  2. Subdivision 7 of section 205-cc of the general municipal law, as
     2  added by chapter 334 of the laws of 2017, is amended to read as follows:
     3    7. The office of fire prevention and control, in consultation with the
     4  department  of  financial  services and the workers' compensation board,
     5  shall adopt such rules and regulations as are reasonable  and  necessary
     6  to  implement  the  provisions  of  this section. Such regulations shall
     7  include establishing acceptable documentation for proof of  eligibility,
     8  the process by which a firefighter files a claim for the enhanced cancer
     9  disability benefit, how the beneficiary of such eligible volunteer fire-
    10  fighter files a claim for the enhanced cancer death benefit, the process
    11  by  which  claimants  can  appeal a denial of benefits and what proof is
    12  deemed acceptable to qualify for such benefits.
    13    § 3. Subdivision 8 of section 205-cc of the general municipal law,  as
    14  added  by  a  chapter of the laws of 2019 amending the general municipal
    15  law relating to proof of eligibility for volunteer firefighter  enhanced
    16  cancer  disability benefits, as proposed in legislative bills numbers S.
    17  4173-A and A. 5957-A, is REPEALED.
    18    § 4. This act shall take effect on the  same  date  and  in  the  same
    19  manner  as  a chapter of the laws of 2019 amending the general municipal
    20  law relating to proof of eligibility for volunteer firefighter  enhanced
    21  cancer  disability benefits, as proposed in legislative bills numbers S.
    22  4173-A and A. 5957-A, takes effect.