NY State Senate Bill 2021-S4562A

Senate Bill S4562A

Signed By Governor

2021-2022 Legislative Session

Allows claims for benefits for death or disability due to vascular rupture

download bill text pdf

Archive: Last Bill Status Via A6767 - Signed by Governor

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
Dec 21, 2021	signed chap.680
Dec 09, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.752 substituted for s4562a
Jun 09, 2021	substituted by a6767a
May 24, 2021	amended on third reading (t) 4562a
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.752
Feb 05, 2021	referred to local government

Votes

- Jun 9, 2021 - Floor Vote
  A6767
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Apr 26, 2021 - Local Government Committee Vote
  S4562A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 26, 2021
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Hinchey
      
      Rath III
      
      Reichlin-Melnick
      
      Thomas

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S4562 - Details

See Assembly Version of this Bill:: A6767
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §61, Vol Ffs Ben L

2021-S4562 - Summary

Allows claims for benefits for death or disability due to vascular rupture.

2021-S4562 - Sponsor Memo

                                
 
BILL NUMBER: S4562               Revised 4/19/2021

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law, in relation to
death or disability due to vascular rupture; and to repeal section 4 of
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 certain provisions
permanent

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that vascular rupture claims made under the Volunteer Fire-
fighter's Benefits Law are covered and paid expeditiously.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as the "Chief James
Brooks Jr. Act".

Section 2: Amends § 61 of the VFBL to create a presumption of coverage
for vascular rupture where such rupture results in the death or disabil-
ity of a volunteer firefighter, the disability or death arose from the
duties and activities of a volunteer firefighter.

Section 3: Extends § 61 of the VFBL permanently. Section 4: Provides an
immediate effective date.

 
JUSTIFICATION:

The proposed legislation would ensure that firefighters who suffer a
vascular rupture causing death or disability related to their duties and
activities as a volunteer firefighter are covered under the VFBL.  A
significant example of the need for this legislation is James Brooks, a
volunteer firefighter and Second Assistant Fire Chief from Whitehall,
who suffered a torn aorta on his way to fight a structural fire in the
Town of Dresden. James initially survived the incident, but tragically
succumbed to his injury months later. While these types of injuries are
generally eventually covered under the VBFL, and his own company did not
fight the claim, certain insurers still fight these claims in an attempt
to argue that they could not be related to duties as a firefighter,
unnecessarily increasing litigation costs, and delaying the payment of
qualifying benefits to volunteer firefighters injured in the line of
duty, while protecting their communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4562 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4562
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by Sens. BROOKS, STEC -- 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, in relation  to
   death  or  disability due to vascular rupture; and to repeal section 4
   of chapter 668 of the laws of 1977, amending the volunteer  firefight-
   ers'  benefit law relating to disability due to disease or malfunction
   of the heart or coronary  arteries,  in  relation  to  making  certain
   provisions permanent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "Chief
 James Brooks Jr. Act".
   § 2. The section heading and subdivision 1 of section 61 of the volun-
 teer  firefighters' benefit law, the section heading as added by chapter
 668 of the laws of 1977, and subdivision 1 as amended by chapter 476  of
 the laws of 2018, are amended to read as follows:
   Death or disability due to disease or malfunction of heart or coronary
 arteries  OR  DUE TO VASCULAR RUPTURE; claims and procedures. 1. A claim
 for benefits for the death or disability of a volunteer firefighter  due
 to  disease  or  malfunction  of  the  heart  or of one or more coronary
 arteries OR A CLAIM FOR BENEFITS FOR THE DEATH OR DISABILITY OF A VOLUN-
 TEER FIREFIGHTER DUE  TO  VASCULAR  RUPTURE  filed  in  accordance  with
 section  forty-one  of  this  chapter,  shall not be denied provided the
 claimant introduces evidence which establishes that  a  volunteer  fire-
 fighter  suffered  disease or malfunction of the heart or of one or more
 coronary arteries, OR VASCULAR RUPTURE, which caused the disablement  or
 death   of   the   volunteer  firefighter,  and  that  such  disease  or
 malfunction, OR VASCULAR RUPTURE, resulted from the  duties  and  activ-
 ities  in  which  the  volunteer firefighter was engaged as set forth in
 section five of this chapter for which benefits shall be paid, unless it
 can be shown by substantial evidence to the contrary that the duties and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08506-01-1

 S. 4562                             2
 
 activities of the volunteer firefighter in  which  the  volunteer  fire-
 fighter  was  engaged  at  the  time  of such disease or malfunction, OR
 VASCULAR RUPTURE, did not cause or precipitate such disease or  malfunc-
 tion,  OR VASCULAR RUPTURE; and further provided that the injury did not
 result solely from the intoxication of the volunteer  firefighter  while
 acting  in line of duty or was not occasioned by the wilful intention of
 the volunteer firefighter to bring about the injury or death of  himself
 or herself or another.
   § 3. Section 4 of chapter 668 of the laws of 1977, amending the volun-
 teer  firefighters' benefit law relating to disability due to disease or
 malfunction of the heart or coronary arteries, as amended by  section  1
 of  item  CC of subpart B of part XXX of chapter 58 of the laws of 2020,
 is REPEALED.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S4562A (ACTIVE) - Details

See Assembly Version of this Bill:: A6767
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §61, Vol Ffs Ben L

2021-S4562A (ACTIVE) - Summary

Allows claims for benefits for death or disability due to vascular rupture.

2021-S4562A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4562A

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law, in relation to
death or disability due to vascular rupture

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that vascular rupture claims made under the Volunteer Fire-
fighter's Benefits Law are covered and paid expeditiously.

 
SUMMARY OF PROVISIONS:

Section 1: Amends § 61 of the VFBL to create a presumption of coverage
for vascular rupture where such rupture results in the death or disabil-
ity of a volunteer firefighter, the disability or death arose from the
duties and activities of a volunteer firefighter.

Section 2: Is the enacting clause.

 
JUSTIFICATION:

The proposed legislation would ensure that firefighters who suffer a
vascular rupture causing death or disability related to their duties and
activities as a volunteer firefighter are covered under the VFBL.  A
significant example of the need for this legislation is James Brooks, a
volunteer firefighter and Second Assistant Fire Chief from Whitehall,
who suffered a torn aorta on his way to fight a structural fire in the
Town of Dresden. James initially survived the incident, but tragically
succumbed to his injury months later. While these types of injuries are
generally eventually covered under the VBFL, and his own company did not
fight the claim, certain insurers still fight these claims in an attempt
to argue that they could not be related to duties as a firefighter,
unnecessarily increasing litigation costs, and delaying the payment of
qualifying benefits to volunteer firefighters injured in the line of
duty, while protecting their communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
section 61 of the volunteer firefighters' benefit law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

2021-S4562A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4562--A
     Cal. No. 752
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced by Sens. BROOKS, STEC, BORRELLO, GAUGHRAN, JORDAN, MATTERA --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Local Government  --  reported  favorably  from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT to amend the volunteer firefighters' benefit law, in relation to
   death or disability due to vascular rupture
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading and subdivision 1 of section 61 of the
 volunteer firefighters' benefit law, the section  heading  as  added  by
 chapter 668 of the laws of 1977, and subdivision 1 as amended by chapter
 476 of the laws of 2018, are amended to read as follows:
   Death or disability due to disease or malfunction of heart or coronary
 arteries  OR  DUE TO VASCULAR RUPTURE; claims and procedures. 1. A claim
 for benefits for the death or disability of a volunteer firefighter  due
 to  disease  or  malfunction  of  the  heart  or of one or more coronary
 arteries OR A CLAIM FOR BENEFITS FOR THE DEATH OR DISABILITY OF A VOLUN-
 TEER FIREFIGHTER DUE  TO  VASCULAR  RUPTURE  filed  in  accordance  with
 section  forty-one  of  this  chapter,  shall not be denied provided the
 claimant introduces evidence which establishes that  a  volunteer  fire-
 fighter  suffered  disease or malfunction of the heart or of one or more
 coronary arteries, OR VASCULAR RUPTURE, which caused the disablement  or
 death   of   the   volunteer  firefighter,  and  that  such  disease  or
 malfunction, OR VASCULAR RUPTURE, resulted from the  duties  and  activ-
 ities  in  which  the  volunteer firefighter was engaged as set forth in
 section five of this chapter for which benefits shall be paid, unless it
 can be shown by substantial evidence to the contrary that the duties and
 activities of the volunteer firefighter in  which  the  volunteer  fire-
 fighter  was  engaged  at  the  time  of such disease or malfunction, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08506-03-1

 S. 4562--A                          2
 
 VASCULAR RUPTURE, did not cause or precipitate such disease or  malfunc-
 tion,  OR VASCULAR RUPTURE; and further provided that the injury did not
 result solely from the intoxication of the volunteer  firefighter  while
 acting  in line of duty or was not occasioned by the wilful intention of
 the volunteer firefighter to bring about the injury or death of  himself
 or herself or another.
   §  2. This act shall take effect immediately; provided that the amend-
 ments to section 61 of the volunteer firefighters' benefit law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.

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Senate Bill S4562A

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Sponsored By

Archive: Last Bill Status Via A6767 - Signed by Governor

Bill Amendments

co-Sponsors

2021-S4562 - Details

2021-S4562 - Summary

2021-S4562 - Sponsor Memo

2021-S4562 - Bill Text download pdf

co-Sponsors

2021-S4562A (ACTIVE) - Details

2021-S4562A (ACTIVE) - Summary

2021-S4562A (ACTIVE) - Sponsor Memo

2021-S4562A (ACTIVE) - Bill Text download pdf

Comments