NY State Senate Bill 2021-S1963

Senate Bill S1963

2021-2022 Legislative Session

Relates to COVID-19 exposure during a state of emergency by volunteer firefighters and volunteer ambulance workers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jan 16, 2021	referred to local government

co-Sponsors

View additional co-sponsors

2021-S1963 (ACTIVE) - Details

See Assembly Version of this Bill:: A1560
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §11-d, Vol Ffs Ben L; add §11-d, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8041, A10172
2023-2024: A1511

2021-S1963 (ACTIVE) - Summary

Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or the captain or other executive officer of the ambulance department, volunteer ambulance company or ambulance district of which he or she is a member may authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.

2021-S1963 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1963

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to COVID-19 exposure
during a state of emergency

 
PURPOSE:

This purpose of this bill is to extend existing benefits for volunteer
firefighters and ambulance workers to include exposure to COVID-19
during a state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1. amends the volunteer firefighters' benefit law by adding a
new section 11-d to provide that during a declared state of emergency if
a volunteer firefighter during the course of their duties is exposed to
COVID-19 the chief engineer or other executive officer of the fire

department may authorize immediate testing and treatment.  Additionally
this section provides that any condition, impairment of health, or death
resulting from COVID-19 would be covered by the volunteer firefighters
benefit law.

Section 2. amends the volunteer ambulance workers' benefit law by adding
a new section 11-d to provide that during a declared state of emergency
if a volunteer ambulance worker during the course of their duties is
exposed to COVID-19 the captain or other executive officer of the ambu-
lance department, volunteer company or ambulance district may authorize
immediate testing and treatment. Additionally this section provides that
any condition, impairment of health, or death resulting from COVID-19
would be covered by the volunteer ambulance workers' benefit law.

Section 3. is the enacting clause.

 
JUSTIFICATION:

Our volunteer firefighters, and ambulance workers put their lives on the
line to help others without regard for the implications they or their
families may face as the result of the dangers associated with their
heroism. Currently they are responding to the COVID-19 pandemic without
coverage under their existing injury and death benefits.

The brave men and women who respond to fires, natural disasters, pandem-
ics, and all manner of other catastrophes must be protected.  These
benefits make it possible for our volunteer first responders and their
families to make it by when tragedy strikes. Therefore, they should be
extended to include the current pandemic caused by the COVID-19 virus.

 
FISCAL IMPLICATIONS:

Minimal

 
LOCAL FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1963 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced by Sens. BROOKS, ADDABBO, BOYLE, GALLIVAN, GAUGHRAN, HOYLMAN,
   JORDAN,  KAMINSKY, KAPLAN, KENNEDY, MAY, ORTT, SERINO, SKOUFIS, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Local Government
 
 AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
   teer  ambulance workers' benefit law, in relation to COVID-19 exposure
   during a state of emergency
 
   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:
   § 11-D. COVID-19 EXPOSURE. 1. IF, AS A RESULT OF SERVICES PERFORMED IN
 THE LINE OF DUTY DURING A STATE OF EMERGENCY, A VOLUNTEER FIREFIGHTER IS
 EXPOSED TO OR COMES IN CONTACT WITH  COVID-19,  THE  CHIEF  ENGINEER  OR
 OTHER  EXECUTIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF WHICH
 HE OR SHE IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO  OBTAIN
 SUCH  EXAMINATIONS,  TESTS, TREATMENT AND CARE AS ARE IMMEDIATELY NECES-
 SARY TO DETERMINE WHETHER HE OR SHE IS INJURED. ANY  SUCH  AUTHORIZATION
 MAY  BE  GRANTED  PRIOR  TO  THE GIVING OF A NOTICE OF INJURY UNDER THIS
 CHAPTER. IN ANY SUCH CASE, THE VOLUNTEER FIREFIGHTER SHALL BE DEEMED  TO
 HAVE  BEEN INJURED AND SHALL BE ENTITLED TO TREATMENT AND CARE AND DISA-
 BILITY BENEFITS AS PROVIDED IN THIS CHAPTER.
   2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER,  ANY,  CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED BY EXPOSURE TO
 COVID-19 DURING A STATE OF EMERGENCY, RESULTING  IN,  TOTAL  OR  PARTIAL
 DISABILITY  OR  DEATH  TO A VOLUNTEER FIREFIGHTER WHERE SUCH FIREFIGHTER
 TESTED POSITIVE FOR COVID-19, SHALL BE PRESUMPTIVE  EVIDENCE  THAT  SUCH
 DISABILITY  OR DEATH: (A) WAS CAUSED BY THE NATURAL AND PROXIMATE RESULT
 OF EXPOSURE TO COVID-19, NOT CAUSED BY  SUCH  FIREFIGHTER'S  OWN  NEGLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03678-01-1

 S. 1963                             2
 
 GENCE;  AND  (B)  WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,
 UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 11-d to read as follows:
   §  11-D.  COVID-19 EXPOSURES. 1. IF, AS A RESULT OF SERVICES PERFORMED
 IN THE LINE OF DUTY DURING A STATE OF EMERGENCY, A  VOLUNTEER  AMBULANCE
 WORKER  IS  EXPOSED TO OR COMES IN CONTACT WITH COVID-19, THE CAPTAIN OR
 OTHER EXECUTIVE OFFICER OF THE AMBULANCE DEPARTMENT, VOLUNTEER AMBULANCE
 COMPANY OR AMBULANCE DISTRICT OF WHICH HE OR SHE IS A MEMBER MAY AUTHOR-
 IZE THE VOLUNTEER AMBULANCE WORKER TO OBTAIN SUCH  EXAMINATIONS,  TESTS,
 TREATMENT  AND CARE AS ARE IMMEDIATELY NECESSARY TO DETERMINE WHETHER HE
 OR SHE IS INJURED. ANY SUCH AUTHORIZATION MAY BE GRANTED  PRIOR  TO  THE
 GIVING  OF  A NOTICE OF INJURY UNDER THIS CHAPTER. IN ANY SUCH CASE, THE
 VOLUNTEER AMBULANCE WORKER SHALL BE DEEMED  TO  HAVE  BEEN  INJURED  AND
 SHALL  BE  ENTITLED  TO  TREATMENT  AND  CARE AND DISABILITY BENEFITS AS
 PROVIDED IN THIS CHAPTER.
   2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER,  ANY,  CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED BY EXPOSURE TO
 COVID-19 DURING A STATE OF EMERGENCY, RESULTING  IN,  TOTAL  OR  PARTIAL
 DISABILITY OR DEATH TO A VOLUNTEER AMBULANCE WORKER WHERE SUCH AMBULANCE
 WORKER  TESTED POSITIVE FOR COVID-19, SHALL BE PRESUMPTIVE EVIDENCE THAT
 SUCH DISABILITY OR DEATH: (A) WAS CAUSED BY THE  NATURAL  AND  PROXIMATE
 RESULT  OF  EXPOSURE  TO COVID-19, NOT CAUSED BY SUCH AMBULANCE WORKER'S
 OWN NEGLIGENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF
 DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.