Bill Text: NY A00283 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the state to provide reimbursement of certain costs and benefits incurred as a result of an injury occurring during a mutual aid call.

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-01-06 - referred to labor [A00283 Detail]

Download: New_York-2021-A00283-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           283

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. JACOBSON, SANTABARBARA, DeSTEFANO, MORINELLO,
          TAGUE, FRONTUS, GRIFFIN, MANKTELOW, STECK, ASHBY, PICHARDO  --  Multi-
          Sponsored by -- M.  of A. BLANKENBUSH -- read once and referred to the
          Committee on Labor

        AN  ACT  to  amend the workers' compensation law and the volunteer fire-
          fighters' benefit law, in relation to requiring the state  to  provide
          reimbursement of certain costs and benefits incurred as a result of an
          injury occurring during a mutual aid call

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 10 of  the  workers'  compensation
     2  law is renumbered subdivision 5 and a new subdivision 4 is added to read
     3  as follows:
     4    4.  If  a  paid firefighter or paid fire truck driver in the course of
     5  responding to a mutual aid call suffers an injury  causally  related  to
     6  such  mutual  aid call and incurs costs for medical treatment, lost time
     7  from his or her position, reduced earnings or  any  other  cost  payable
     8  under this chapter, the state shall reimburse the municipality employing
     9  the  firefighter  or fire truck driver for all such costs.  In addition,
    10  should a municipality incur overtime costs due to  a  mutual  aid  call,
    11  whether  or  not an injury occurs, the state shall reimburse the munici-
    12  pality for such overtime costs.   Reimbursement under  this  subdivision
    13  shall  not exceed the actual cost incurred. Each municipality that seeks
    14  reimbursement pursuant to this subdivision shall submit its  claims  for
    15  reimbursement  on  forms  approved  by  and in accordance with rules and
    16  regulations promulgated by the commissioners.
    17    § 2. Section 30 of the volunteer firefighters' benefit law is  amended
    18  by adding a new subdivision 13 to read as follows:
    19    13. If a volunteer firefighter in the course of responding to a mutual
    20  aid  call suffers an injury causally related to such mutual aid call and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04006-01-1

        A. 283                              2

     1  incurs costs for medical treatment, lost time from his or her  position,
     2  loss of earnings or any other cost payable under this chapter, the state
     3  shall  reimburse the fire department the firefighter volunteers with for
     4  all  such  costs.  Reimbursement under this subdivision shall not exceed
     5  the actual cost incurred. Each fire department that seeks  reimbursement
     6  pursuant  to  this subdivision shall submit its claims for reimbursement
     7  on forms approved by  and  in  accordance  with  rules  and  regulations
     8  promulgated  by  the  commissioners  of  the state insurance fund of the
     9  department of labor of the state of New York.
    10    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    11  have  become  a  law and shall apply to costs incurred during mutual aid
    12  calls occurring on and after such effective date.  Effective immediately
    13  the addition, amendment and/or repeal of any rule or  regulation  neces-
    14  sary  for  the  implementation  of  this  act  on its effective date are
    15  authorized to be made and completed on or before such date.
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