NY State Senate Bill 2025-S6832

Senate Bill S6832

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2025	referred to veterans, homeland security and military affairs

co-Sponsors

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2025-S6832 (ACTIVE) - Details

See Assembly Version of this Bill:: A5087
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §6, Mil L; amd §§161 & 169, Work Comp L
Versions Introduced in 2023-2024 Legislative Session:: S6602, A7603

2025-S6832 (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.

2025-S6832 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6832

SPONSOR: WEBB
 
TITLE OF BILL:

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

 
PURPOSE:

Relates to participation in World Trade Center rescue, recovery and
clean-up operations by the national guard

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 1-a to section 6 of military law to
set forth that any order into active service of members of New York's
organized militia who served as part of the World Trade Center rescue,
recovery and clean-up operations will qualify the member as an employee
under article eight-a of the workers' compensation law.  Organized mili-
tia is defined as members of the New York Army National Guard, New York

Air National Guard, New York Naval Militia and the New York Guard.

Section two of the bill amends section 161 of the workers' compensation
law to include members of the organized militia who were a part of the
world trade center rescue, recovery and clean-up efforts to be consid-
ered a state employee.

Section three of the bill amends section 169 of the workers' compen-
sation law to authorize these claimants who were previously prohibited
from filing a claim to refile.

 
JUSTIFICATION:

In 2022, Chapter 559 was enacted to expand access to workers' compen-
sation for those that served during the World Trade Center rescue and
recovery in the wake of September 11, 2001. The measure allows for
presumptive evidence to be accepted from workers who contracted an
illness or died of a certified illness related to their time serving
during and in the aftermath of the attack on the World Trade Center.

Unfortunately, brave members of the New York State National Guard who
were on state active duty to participate in the World Trade Center
rescue, recovery and clean-up operations and who were injured in the
line of duty were prevented from accessing workers' compensation made
available by this law. This legislation will enable those members of the
National Guard that were injured in the line of duty or suffer from
certified illness as a result of their efforts to access worker's
compensation.

 
LEGISLATIVE HISTORY:

2023 - 2024 Passed Senate

2025-S6832 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6832
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by  Sens. WEBB, ASHBY, GALLIVAN, HELMING, MARTINEZ, ROLISON,
   SEPULVEDA, WEIK -- read twice and ordered printed, and when printed to
   be committed to the Committee on Veterans, Homeland Security and Mili-
   tary 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 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:
   "Participant in World Trade Center rescue, recovery, or cleanup  oper-
 ations" means any (a) employee, INCLUDING MEMBERS OF THE ORGANIZED MILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06849-01-5

 S. 6832                             2
 
 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]
 THEY:
   § 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.

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