Assembly Bill A7603

2023-2024 Legislative Session

Relates to participation in World Trade Center rescue, recovery and cleanup operations by members of the organized militia

download bill text pdf

Sponsored By

Current 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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Bill Amendments

co-Sponsors

2023-A7603 - Details

Current Committee:
Assembly Labor
Law Section:
Military Law
Laws Affected:
Amd §6, Mil L; amd §§161 & 169, Work Comp L

2023-A7603 - Summary

Relates to participation in World Trade Center rescue, recovery and cleanup operations by members of the organized militia; provides that members of the organized militia shall qualify as employees for the purposes of making a claim under the workers' compensation law for participation in the World Trade Center rescue, recovery and cleanup operations.

2023-A7603 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7603
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Labor
 
 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 the national guard

   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 NATIONAL GUARD, OR ALTERNATIVE
 PROOF 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, AS PART OF THE WORLD TRADE CENTER RESCUE, RECOVERY
 AND CLEANUP OPERATIONS SHALL QUALIFY SUCH MEMBER OF THE  NATIONAL  GUARD
 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:
   "Participant  in World Trade Center rescue, recovery, or cleanup oper-
 ations" means any (a) employee, INCLUDING MEMBERS OF THE NATIONAL  GUARD
 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 NATIONAL
 GUARD WHO WAS PREVIOUSLY PROHIBITED FROM FILING A CLAIM UNDER THIS ARTI-
 CLE  MAY  REFILE  SUCH CLAIM OR CLAIMS WITHIN TWO YEARS OF THE EFFECTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10696-03-3
              

co-Sponsors

2023-A7603A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Military Law
Laws Affected:
Amd §6, Mil L; amd §§161 & 169, Work Comp L

2023-A7603A (ACTIVE) - Summary

Relates to participation in World Trade Center rescue, recovery and cleanup operations by members of the organized militia; provides that members of the organized militia shall qualify as employees for the purposes of making a claim under the workers' compensation law for participation in the World Trade Center rescue, recovery and cleanup operations.

2023-A7603A (ACTIVE) - Bill Text download pdf

                             
                     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
              

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