Bill Text: NY S04004 | 2011-2012 | General Assembly | Amended

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

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Bill Title: Provides that any: (i) melanoma; or (ii) condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate, neurological, breast and reproductive systems, resulting in total or partial disability or death to a volunteer firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such a melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proven by competent evidence.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-16 - REPORTED AND COMMITTED TO FINANCE [S04004 Detail]

Download: New_York-2011-S04004-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4004--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government -- recom-
         mitted to the Committee on Local Government in accordance with  Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the volunteer firefighters' benefit law, in relation  to
         the  expansion of coverage to include cancer of the digestive, hemato-
         logical, lymphatic, urinary, prostate, neurological, breast and repro-
         ductive systems; and providing for the repeal of such provisions  upon
         expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
    2  adding a new section 11-d to read as follows:
    3    S  11-D.  CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION.  NOTWITHSTANDING
    4  ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY:  (I) MELANOMA;
    5  OR (II) CONDITION OF CANCER AFFECTING LYMPHATIC, DIGESTIVE,  HEMATOLOGI-
    6  CAL,  URINARY,  PROSTATE,  NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS,
    7  RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A  VOLUNTEER  FIRE-
    8  FIGHTER,  WHO  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON ENTRY INTO
    9  FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE  OF
   10  SUCH  A MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
   11  INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY UNLESS THE CONTRARY BE
   12  PROVEN BY COMPETENT EVIDENCE.
   13    S 2. This act shall take effect immediately and shall  expire  and  be
   14  deemed repealed June 30, 2016.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09945-02-1