Bill Text: NY S06509 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires the New York city police department to release certain information to research institutions regarding incidence of cancer in World Trade Center police responders; requires the New York city police department to produce its own analysis of such incidence and to publish the results thereof.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-02-17 - REFERRED TO CITIES [S06509 Detail]

Download: New_York-2011-S06509-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6509
                                   I N  S E N A T E
                                   February 17, 2012
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to require the New York city police department to release certain
         information regarding incidence of cancer in World Trade Center police
         responders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  As  used  in  this act the following terms shall have the
    2  following meanings:
    3    (a) "Police officers who participated in World  Trade  Center  rescue,
    4  recovery  or  cleanup  operations"  shall  mean  any  police officer, as
    5  defined by subdivision 34 of section 1.20 of the criminal procedure law,
    6  who: (i) participated in the rescue, recovery, or cleanup operations  at
    7  the World Trade Center site; (ii) worked at the Fresh Kills Land Fill in
    8  New  York;  (iii)  worked  at  the New York city morgue or the temporary
    9  morgue on pier locations on the west side of Manhattan; or  (iv)  manned
   10  the  barges  between the west side of Manhattan and the Fresh Kills Land
   11  Fill in New York. For purposes of  this  section,  "World  Trade  Center
   12  site"  shall  mean  anywhere below a line starting from the Hudson River
   13  and Canal Street; east on Canal Street to Pike  Street;  south  on  Pike
   14  Street to the East River; and extending to the lower tip of Manhattan.
   15    (b)  "Contracted  as a result of the police officer's participation in
   16  World Trade Center rescue, recovery or cleanup  operations"  shall  mean
   17  that:  (i) the police officer successfully passed a physical examination
   18  prior to such rescue, recovery or cleanup operation,  which  examination
   19  failed  to  reveal  any evidence of a condition of cancer; and (ii) such
   20  condition of cancer was diagnosed after participation  in  such  rescue,
   21  recovery or cleanup operation.
   22    S  2.  (a)  Notwithstanding  articles 6 and 6-A of the public officers
   23  law, the New York city police department shall be required  to  transmit
   24  to the Mount Sinai Medical Center in New York city within thirty days of
   25  the  effective  date  of this act, and thereafter, upon request therefor
   26  from an institution of higher education or another research  institution
   27  engaged  in study relating to the incidence of cancer in police officers
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14569-02-2
       S. 6509                             2
    1  who participated in the World Trade Center rescue, recovery  or  cleanup
    2  operations,  to  such  institution within thirty days of such a request,
    3  information in its possession concerning every police officer  who:  (i)
    4  participated  in  World  Trade  Center rescue, recovery or cleanup oper-
    5  ations; (ii) was employed by such department at the time of such rescue,
    6  recovery or cleanup operations; and (iii) who, within the best knowledge
    7  of such department, has contracted any condition of cancer as  a  result
    8  of  the  police  officer's  participation  in World Trade Center rescue,
    9  recovery or cleanup operations.
   10    (b) Upon the failure or refusal to comply  with  the  requirements  of
   11  this  subdivision,  Mount  Sinai Medical Center, the requesting institu-
   12  tion, the patrolmen's benevolent association  or  an  individual  police
   13  officer  who  participated in the World Trade Center rescue, recovery or
   14  cleanup operations may apply to the supreme court for an order  directed
   15  to  the  person  responsible requiring compliance. Upon such application
   16  the court may issue such order as may be just, and a failure  to  comply
   17  with  the order of the court shall be a contempt of court and punishable
   18  as such.
   19    S 3. Notwithstanding articles 6 and 6-A of the  public  officers  law,
   20  the  New  York  city  police department shall be required to prepare and
   21  publish an analysis of the incidence of cancer in  police  officers  who
   22  participated in the World Trade Center rescue, recovery or cleanup oper-
   23  ations, based upon information in its possession concerning every police
   24  officer  who: (i) participated in World Trade Center rescue, recovery or
   25  cleanup operations; (ii) was employed by such department at the time  of
   26  such  rescue,  recovery or cleanup operations; and (iii) who, within the
   27  best knowledge of such  department,  has  contracted  any  condition  of
   28  cancer  as a result of the police officer's participation in World Trade
   29  Center rescue, recovery or cleanup operations.
   30    S 4. Any such data or information released pursuant to section two  or
   31  three  of  this act shall contain the minimum amount of personally iden-
   32  tifiable and demographic information necessary to conduct  the  research
   33  project or analysis, provided, however, that no such data or information
   34  shall be released or published that contains the names or social securi-
   35  ty  numbers  of  the  subject  police officers or other information that
   36  directly identifies the  subject  police  officers,  unless  appropriate
   37  waivers  are  obtained from the individual police officers prior to such
   38  release or publication.
   39    S 5. This act shall take effect on the thirtieth day  after  it  shall
   40  have become a law.
feedback