Bill Text: NY A07603 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2024-01-18 - print number 7603a [A07603 Detail]

Download: New_York-2023-A07603-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7603

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Labor

        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:

     1    Section  1.  Section  6 of the military law is amended by adding a new
     2  subdivision 1-a to read as follows:
     3    1-a. Notwithstanding any other law, regulation or rule to the  contra-
     4  ry,  an  order into active service of the national guard, or alternative
     5  proof as determined by the  division  of  military  and  naval  affairs,
     6  including  third-party  verification  and witness presence statements as
     7  included in the federal James Zadroga 9/11 Health and  Compensation  Act
     8  of  2010, as amended, as part of the World Trade Center rescue, recovery
     9  and cleanup operations shall qualify such member of the  national  guard
    10  as an employee under article eight-A of the workers' compensation law.
    11    §  2.  The  opening  paragraph  of subdivision 1 of section 161 of the
    12  workers' compensation law, as added by chapter 446 of the laws of  2006,
    13  is amended to read as follows:
    14    "Participant  in World Trade Center rescue, recovery, or cleanup oper-
    15  ations" means any (a) employee, including members of the national  guard
    16  as provided in subdivision one-a of section six of the military law, who
    17  within  the  course of employment, or (b) volunteer upon presentation to
    18  the board of evidence satisfactory to the board that he or she:
    19    § 3. Section 169 of the workers' compensation law is amended by adding
    20  a new subdivision 3 to read as follows:
    21    3. Notwithstanding section  eighteen  or  twenty-eight  or  any  other
    22  provision of this chapter, any claimant who was a member of the national
    23  guard who was previously prohibited from filing a claim under this arti-
    24  cle  may  refile  such claim or claims within two years of the effective

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10696-03-3
        A. 7603                             2

     1  date of this subdivision.  The board shall accept proof  of  a  national
     2  guard's  service  as  determined  by  the division of military and naval
     3  affairs pursuant to section six of the military law.
     4    § 4. This act shall take effect immediately.