Bill Text: NY A03529 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 3529 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the general municipal law, in relation to certain heart disabilities incurred by members of the uniformed force of correction departments in certain cities

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A03529 Detail]

Download: New_York-2009-A03529-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3529
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
         MAGEE, PHEFFER -- read once and referred to  the  Committee  on  Local
         Governments
       AN  ACT to amend the general municipal law, in relation to certain heart
         disabilities incurred by members of the uniformed force of  correction
         departments in certain cities
         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-s to read as follows:
    3    S  207-S. DISABILITIES OF MEMBERS OF THE UNIFORMED FORCE OF CORRECTION
    4  DEPARTMENTS IN CERTAIN CITIES. 1. NOTWITHSTANDING THE PROVISIONS OF  ANY
    5  GENERAL,  SPECIAL  OR  LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY,
    6  BUT EXCEPT FOR THE PURPOSES OF THE WORKERS'  COMPENSATION  LAW  AND  THE
    7  LABOR  LAW,  ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
    8  THE HEART, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO  A  PAID
    9  MEMBER  OF  THE  UNIFORMED  FORCE OF A PAID CORRECTION DEPARTMENT, WHERE
   10  SUCH PAID MEMBER IS DRAWN FROM  COMPETITIVE  CIVIL  SERVICE  LISTS,  WHO
   11  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON ENTRY INTO THE SERVICE OF
   12  SUCH DEPARTMENT, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH
   13  CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT  WAS  INCURRED  IN  THE
   14  PERFORMANCE  AND  DISCHARGE  OF  DUTY,  UNLESS THE CONTRARY BE PROVED BY
   15  COMPETENT EVIDENCE.
   16    2. THE PROVISIONS OF THIS SECTION  SHALL  REMAIN  IN  FULL  FORCE  AND
   17  EFFECT  TO  AND INCLUDING THE THIRTIETH DAY OF JUNE, TWO THOUSAND ELEVEN
   18  AT WHICH TIME THE PROVISIONS OF THIS  SECTION  SHALL  BE  DEEMED  TO  BE
   19  REPEALED.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04415-01-9