Bill Text: NY S04936 | 2013-2014 | General Assembly | Amended

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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: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-01-17 - PRINT NUMBER 4936B [S04936 Detail]

Download: New_York-2013-S04936-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4936--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by Sens. NOZZOLIO, SEWARD -- read twice and ordered printed,
         and when printed to be committed to the Committee on Local  Government
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee -- recommitted 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, 2018.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07469-03-4