Bill Text: NY A03186 | 2011-2012 | General Assembly | Introduced

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Bill Title: Presumes certain diseases impairing the health of a uniformed member of a paid police department in a city with a population of one million or more to have been incurred in the performance and discharge of duty if a previous physical found no evidence of such disease.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A03186 Detail]

Download: New_York-2011-A03186-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3186
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by M. of A. CYMBROWITZ, CUSICK, N. RIVERA -- Multi-Sponsored
         by -- M. of A.  V. LOPEZ, LUPARDO, MILLMAN, PHEFFER -- read  once  and
         referred to the Committee on Local Governments
       AN  ACT  to  amend  the  general  municipal  law, in relation to certain
         impairments of health presumed incurred in the performance of duty
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 207-r to read as follows:
    3    S 207-R. POLICE OFFICERS; PRESUMPTION IN CERTAIN DISEASES.    NOTWITH-
    4  STANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
    5  LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES  OF  THIS  CHAPTER,  ANY
    6  CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY (1) DISEASES OF THE LUNG, OR
    7  (2)  ANY CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATO-
    8  LOGICAL,  URINARY,  NEUROLOGICAL,  BREAST,  REPRODUCTIVE   OR   PROSTATE
    9  SYSTEMS,  OR  (3)  MELANOMA  RESULTING IN TOTAL OR PARTIAL DISABILITY OR
   10  DEATH TO A UNIFORMED MEMBER OF A PAID POLICE DEPARTMENT IN A CITY WITH A
   11  POPULATION OF ONE MILLION OR MORE WHERE SUCH MEMBER SUCCESSFULLY  PASSED
   12  A PHYSICAL EXAMINATION ON ENTRY INTO SUCH SERVICE OR SUBSEQUENT THERETO,
   13  WHICH  EXAMINATION  FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH CONDITIONS,
   14  SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED  IN  THE  PERFORMANCE
   15  AND  DISCHARGE  OF  DUTY,  UNLESS  THE  CONTRARY  BE PROVEN BY COMPETENT
   16  EVIDENCE.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07794-01-1