BILL NUMBER: S5418

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend chapter 668 of the laws of 1977,
amending the volunteer firefighters' benefit law, relating to disability
due to disease or malfunction of the heart or coronary arteries, in
relation to making such provisions permanent

 
PURPOSE:

The purpose of this legislation is to make permanent the long-standing
law governing disability determinations for volunteer firefighters due
to disease or malfunction of the heart or coronary arteries.

 
SUMMARY OF PROVISIONS:

Section 1 removes the sunset clause in the Volunteer Firefighter Benefit
Law that governs disability resulting from coronary artery disease.

Section 2 sets the effective date.

              

 
JUSTIFICATION:

In 1977, the Legislature found that volunteer firefighters too often
suffered injuries or deaths resulting from heart attacks suffered in the
line of duty. The Legislature also found that claims of injuries from
heart attacks were often subjected to lengthy delays.  As a result, the
Legislature established specific procedures to expedite the handling of
such claims. This legislation makes permanent the provisions relating to
disability due to heart disease which are scheduled to expire on June
30, 2020.

Section 61 of the Volunteer Firefighters' Benefit Law requires that a
claim for benefits must be paid unless shown by substantial evidence to
the contrary that the duties and activities of the volunteer firefighter
did not cause the heart disease or malfunction.

Start in 1979, Section 4 of Chapter 668 of the Laws of 1977 was consist-
ently amended to extend the expiration date for only two years.  In
2005, 2010 and 2015, the expiration date was extended by five years.
This section, due to expire on June 30,2020, offers assistance to those
volunteers who suffer heart related conditions resulting in the perform-
ance of their duties. It is high time that, after 43 years, this section
of law be made permanent.

Our volunteer firefighters provide an invaluable service to New York
State and our individual communities. Accordingly, it simply makes sense
to prevent unnecessary worry on the part of volunteer firefighters and
their families as to whether or not they will receive their benefits.
Therefore, we owe it to our volunteer firefighters and their families to
make permanent this section of law.

 
LEGISLATIVE HISTORY:

2017-2018: A6784 - Referred to Local Government.

 
FISCAL IMPLICATIONS:

None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.