NY State Senate Bill 2015-S8065

Senate Bill S8065

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2016	referred to local governments delivered to assembly passed senate ordered to third reading cal.1882
Jun 09, 2016	referred to rules

Votes

- Jun 16, 2016 - Floor Vote
  S8065
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Krueger
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S8065
  
  23
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Krueger
      
      aye wr (1)
      
      Montgomery

co-Sponsors

2015-S8065 (ACTIVE) - Details

See Assembly Version of this Bill:: A5518
Current Committee:: Assembly Local Governments
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §11-d, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9100
2013-2014: A1552
2017-2018: S1411, A711

2015-S8065 (ACTIVE) - Summary

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

2015-S8065 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8065

 TITLE OF BILL :

An act to amend the volunteer firefighters' benefit law, in relation
to the expansion of coverage to include cancer of the lymphatic or
hematological systems, the digestive, urinary, prostate, neurological,
breast or reproductive systems or melanoma; 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 of the bill adds new section 11-d to NYS Volunteer
Firefighters' Benefit law to provide a rebuttable presumption under
VFBL that any condition of impairment of health caused by cancer
affecting the lymphatic or hematological systems resulting in total or
partial disability or death to a volunteer firefighter who has at
least 5 years of service as an interior firefighter and successfully
passed a physical examination on entry into firefighter service, which
examination failed to reveal any evidence of such cancers was incurred

in the performance and discharge of their duty; and provide a
rebuttable presumption under VFBL that any condition of impairment of
health caused by cancer affecting the digestive, urinary, prostate,
neurological, breast or reproductive systems or melanoma resulting in
total or partial disability or death to a volunteer firefighter who
has at least 10 years of service as an interior firefighter and
successfully passed a physical examination on entry into firefighter
service, which examination failed to reveal any evidence of such
cancers was incurred in the performance and discharge of their duty.

Additionally, claims for benefits pursuant to this section must be
filed within twelve years of separation from active service as an
interior firefighter.

This bill also provides the option for any local legislative body of a
city or village, board of fire commissioners or other governing board
of the fire district, or the town board of the town in relation to the
fire companies serving territory outside villages and fire districts
or town fire department to adopt a local law or resolution to elect
not to provide this presumptive coverage to firefighters and fire
companies.

 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 :

2013-14: A1552A referred to local governments/S4936B reported to
finance
2012: A9100 held in local governments/S4004A reported to finance

 FISCAL IMPACT ON THE STATE :

None.
 EFFECTIVE DATE :
This act shall take immediately and shall expire and be deemed
repealed June 30, 2020.

2015-S8065 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8065

                            I N  S E N A T E

                              June 9, 2016
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  the  expansion of coverage to include cancer of the lymphatic or hema-
  tological systems, the  digestive,  urinary,  prostate,  neurological,
  breast  or  reproductive  systems  or  melanoma; 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. VOLUNTEER FIREFIGHTERS; PRESUMPTION  IN  CERTAIN  CANCERS.  1.
NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, A
CONDITION OF IMPAIRMENT OF HEALTH OF A VOLUNTEER  FIREFIGHTER  WITH  (A)
FIVE  OR  MORE YEARS OF FAITHFUL AND ACTUAL SERVICE IN THE PROTECTION OF
LIFE AND PROPERTY FROM FIRE IN  THE  INTERIOR  OF  BUILDINGS  CAUSED  BY
CANCER  AFFECTING  THE  LYMPHATIC OR HEMATOLOGICAL SYSTEMS OR (B) TEN OR
MORE YEARS OF FAITHFUL AND ACTUAL SERVICE IN THE PROTECTION OF LIFE  AND
PROPERTY FROM FIRE IN THE INTERIOR OF BUILDINGS CAUSED BY CANCER AFFECT-
ING  THE DIGESTIVE, URINARY, PROSTATE, NEUROLOGICAL, BREAST OR REPRODUC-
TIVE SYSTEMS OR MELANOMA, RESULTING IN TOTAL OR  PARTIAL  DISABILITY  OR
DEATH  TO SUCH VOLUNTEER FIREFIGHTER, WHO SUCCESSFULLY PASSED A PHYSICAL
EXAMINATION ON ENTRY INTO FIREFIGHTER SERVICE, WHICH EXAMINATION  FAILED
TO  REVEAL  ANY  EVIDENCE OF SUCH CANCERS, SHALL BE PRESUMPTIVE EVIDENCE
THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE  OF  DUTY,  UNLESS
THE  CONTRARY  BE  PROVEN  BY  COMPETENT EVIDENCE.   CLAIMS FOR BENEFITS
PURSUANT TO THIS SECTION MUST BE FILED WITHIN TWELVE YEARS OF SEPARATION
FROM ACTIVE SERVICE IN PROTECTING LIFE AND PROPERTY  FROM  FIRE  IN  THE
INTERIOR OF BUILDINGS.
  2. THIS SECTION SHALL NOT APPLY TO VOLUNTEER FIREFIGHTERS SERVING IN A
FIRE  COMPANY  OR FIRE DEPARTMENT WHERE THE LEGISLATIVE BODY OF THE CITY
OR THE VILLAGE, THE BOARD OF FIRE COMMISSIONERS OR OTHER GOVERNING BOARD
OF THE FIRE DISTRICT, OR THE TOWN BOARD OF THE TOWN IN RELATION  TO  (A)
THE  FIRE  COMPANIES  SERVING  TERRITORY  OUTSIDE  THE VILLAGES AND FIRE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04199-08-6

S. 8065                             2

DISTRICTS OR (B) A TOWN FIRE DEPARTMENT, HAS  ADOPTED  A  LOCAL  LAW  OR
RESOLUTION TO ELECT NOT TO PROVIDE THIS PRESUMPTION.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2020.

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Senate Bill S8065

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Sponsored By

Michael F. Nozzolio