S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7603--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, STERN, BARRETT, ANGELINO -- read
   once and referred to the Committee on  Labor  --  recommitted  to  the
   Committee  on  Labor  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the military law and the workers' compensation law, in
   relation to participation in World Trade Center rescue,  recovery  and
   cleanup operations by members of the organized militia
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6 of the military law is amended by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  NOTWITHSTANDING ANY OTHER LAW, REGULATION OR RULE TO THE CONTRA-
 RY, AN ORDER INTO ACTIVE SERVICE OF THE ORGANIZED MILITIA AS PART OF THE
 WORLD TRADE CENTER RESCUE, RECOVERY AND CLEANUP OPERATIONS SHALL QUALIFY
 SUCH MEMBER OF THE  ORGANIZED  MILITIA  AS  AN  EMPLOYEE  UNDER  ARTICLE
 EIGHT-A  OF  THE  WORKERS'  COMPENSATION LAW.   FOR THE PURPOSES OF THIS
 SUBDIVISION, "ORGANIZED MILITIA" SHALL MEAN MEMBERS OF THE NEW YORK ARMY
 NATIONAL GUARD, THE NEW YORK AIR NATIONAL  GUARD,  THE  NEW  YORK  NAVAL
 MILITIA,  AND  THE  NEW  YORK  GUARD. ALTERNATIVE PROOF OF AN ORDER INTO
 ACTIVE SERVICE OF THE ORGANIZED MILITIA  AS  PART  OF  THE  WORLD  TRADE
 CENTER  RESCUE,  RECOVERY,  AND CLEANUP OPERATIONS, AS DETERMINED BY THE
 DIVISION   OF   MILITARY   AND   NAVAL   AFFAIRS, INCLUDING  THIRD-PARTY
 VERIFICATION  AND WITNESS PRESENCE STATEMENTS AS INCLUDED IN THE FEDERAL
 JAMES  ZADROGA  9/11 HEALTH AND  COMPENSATION  ACT OF  2010, AS AMENDED,
 SHALL QUALIFY SUCH MEMBER OF THE ORGANIZED MILITIA AS AN EMPLOYEE  UNDER
 ARTICLE EIGHT-A OF THE WORKERS' COMPENSATION LAW.
   §  2.  The  opening  paragraph  of subdivision 1 of section 161 of the
 workers' compensation law, as added by chapter 446 of the laws of  2006,
 is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10696-05-4
 A. 7603--A                          2
              

 
   "Participant  in World Trade Center rescue, recovery, or cleanup oper-
 ations" means any (a) employee, INCLUDING MEMBERS OF THE ORGANIZED MILI-
 TIA AS PROVIDED IN SUBDIVISION ONE-A OF SECTION SIX OF THE MILITARY LAW,
 who within the course of employment, or (b) volunteer upon  presentation
 to the board of evidence satisfactory to the board that he or she:
   § 3. Section 169 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  SECTION  EIGHTEEN  OR  TWENTY-EIGHT  OR ANY OTHER
 PROVISION OF THIS CHAPTER, ANY CLAIMANT WHO WAS A MEMBER OF  THE  ORGAN-
 IZED  MILITIA  WHO  WAS  PREVIOUSLY PROHIBITED FROM FILING A CLAIM UNDER
 THIS ARTICLE MAY REFILE SUCH CLAIM OR CLAIMS WITHIN  TWO  YEARS  OF  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION.  THE BOARD SHALL ACCEPT PROOF OF A
 MEMBER OF THE ORGANIZED MILITIA'S SERVICE AS DETERMINED BY THE  DIVISION
 OF  MILITARY  AND  NAVAL AFFAIRS PURSUANT TO SECTION SIX OF THE MILITARY
 LAW.
   § 4. This act shall take effect immediately.