Bill Text: NY S06602 | 2023-2024 | General Assembly | Amended

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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 (Republican 5-3)

Status: (Engrossed) 2024-06-05 - referred to labor [S06602 Detail]

Download: New_York-2023-S06602-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6602--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 28, 2023
                                       ___________

        Introduced  by  Sens. WEBB, ASHBY, MARTINEZ, SEPULVEDA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Veterans, Homeland Security and Military Affairs -- recommitted to the
          Committee  on  Veterans,  Homeland  Security  and  Military Affairs in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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 members of the organized militia

          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 organized militia as part of the
     5  World Trade Center rescue, recovery and cleanup operations shall qualify
     6  such  member  of  the  organized  militia  as  an employee under article
     7  eight-A of the workers' compensation law.   For  the  purposes  of  this
     8  subdivision, "organized militia" shall mean members of the New York army
     9  national  guard,  the  New  York  air national guard, the New York naval
    10  militia, and the New York guard. Alternative  proof  of  an  order  into
    11  active  service  of  the  organized  militia  as part of the World Trade
    12  Center rescue, recovery, and cleanup operations, as  determined  by  the
    13  division    of   military   and   naval   affairs, including third-party
    14  verification  and witness presence statements as included in the federal
    15  James Zadroga 9/11 Health and  Compensation  Act of   2010, as  amended,
    16  shall  qualify such member of the organized militia as an employee under
    17  article eight-A of the workers' compensation law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10696-04-4
        S. 6602--A                          2

     1    § 2. The opening paragraph of subdivision 1  of  section  161  of  the
     2  workers'  compensation law, as added by chapter 446 of the laws of 2006,
     3  is amended to read as follows:
     4    "Participant  in World Trade Center rescue, recovery, or cleanup oper-
     5  ations" means any (a) employee, including members of the organized mili-
     6  tia as provided in subdivision one-a of section six of the military law,
     7  who within the course of employment, or (b) volunteer upon  presentation
     8  to the board of evidence satisfactory to the board that he or she:
     9    § 3. Section 169 of the workers' compensation law is amended by adding
    10  a new subdivision 3 to read as follows:
    11    3.  Notwithstanding  section  eighteen  or  twenty-eight  or any other
    12  provision of this chapter, any claimant who was a member of  the  organ-
    13  ized  militia  who  was  previously prohibited from filing a claim under
    14  this article may refile such claim or claims within  two  years  of  the
    15  effective  date  of this subdivision.  The board shall accept proof of a
    16  member of the organized militia's service as determined by the  division
    17  of  military  and  naval affairs pursuant to section six of the military
    18  law.
    19    § 4. This act shall take effect immediately.