Senate Bill S6602

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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Actions
Votes

Bill Amendments

co-Sponsors

2023-S6602 - Details

See Assembly Version of this Bill:
A7603
Current Committee:
Assembly Labor
Law Section:
Military Law
Laws Affected:
Amd §6, Mil L; amd §§161 & 169, Work Comp L

2023-S6602 - 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-S6602 - Sponsor Memo

2023-S6602 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6602
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10696-03-3

co-Sponsors

2023-S6602A (ACTIVE) - Details

See Assembly Version of this Bill:
A7603
Current Committee:
Assembly Labor
Law Section:
Military Law
Laws Affected:
Amd §6, Mil L; amd §§161 & 169, Work Comp L

2023-S6602A (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-S6602A (ACTIVE) - Sponsor Memo

2023-S6602A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6602--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by  Sens. WEBB, ASHBY, MARTINEZ, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Veterans, Homeland Security and Military Affairs -- recommitted to the
   Committee  on  Veterans,  Homeland  Security  and  Military Affairs in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10696-04-4
 S. 6602--A                          2

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