Add §11-d, Vol Ffs Ben L; add §11-d, Vol Amb Wkr Ben L
Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or the captain or other executive officer of the ambulance department, volunteer ambulance company or ambulance district of which he or she is a member may authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1511
SPONSOR: Jean-Pierre TITLE OF BILL:
An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to COVID-19 exposure
during a state of emergency
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend existing benefits for volunteer
firefighters and ambulance workers to include exposure to COVID-19
during a state of emergency.
SUMMARY OF PROVISIONS:
Section 1. amends the volunteer firefighters' benefit law by adding a
new section 11-d to provide that during a declared state of emergency if
a volunteer firefighter during the course of their duties is exposed to
COVID19 the chief engineer or other executive officer of the fire
department may authorize immediate testing and treatment. Additionally
this section provides that any condition, impairment of health, or death
resulting from COVID-19 would be covered by the volunteer firefighters
benefit law.
Section 2. amends the volunteer ambulance workers' benefit law by
adding a new section 11-d to provide that during a declared state of
emergency if a volunteer ambulance workers during the course of their
duties is exposed to COVID-19 the captain or other executive officer of
the ambulance department, volunteer company or ambulance district may
authorize immediate testing and treatment. Additionally this section
provides that any condition, impairment of health, or death resulting
from COVID-19 would be covered by the volunteer ambulance workers' bene-
fit law.
Section 3. is the enacting clause.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A
JUSTIFICATION:
Our volunteer firefighters, and ambulance workers put their lives on the
line to help others without regard for the implications they or their
families may face as the result of the dangers associated with their
heroism. Currently they are responding to the COVID-19 pandemic without
coverage under their existing injury and death benefits.
The brave men and women who respond to fires, natural disasters, pandem-
ics, and all manner of other catastrophes must be protected. These
benefits make it possible for our volunteer first responders and their
families to make it by when tragedy strikes. Therefore, they should be
extended to include the current pandemic caused by the COVID-19 virus.
PRIOR LEGISLATIVE HISTORY:
2019-20: A10172/S8014A
2021-22: A1418/S1963
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1511
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. JEAN-PIERRE, SIMON, OTIS, STERN, THIELE, CRUZ,
L. ROSENTHAL, McMAHON, BUTTENSCHON, GOODELL, TAGUE, NORRIS, BARRETT,
SEAWRIGHT, COLTON, PALMESANO, McDONOUGH, HUNTER, BRONSON -- read once
and referred to the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to COVID-19 exposure
during a state of emergency
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 § 11-d. COVID-19 exposure. 1. If, as a result of services performed in
4 the line of duty during a state of emergency, a volunteer firefighter is
5 exposed to or comes in contact with COVID-19, the chief engineer or
6 other executive officer of the fire department or fire company of which
7 he or she is a member may authorize the volunteer firefighter to obtain
8 such examinations, tests, treatment and care as are immediately neces-
9 sary to determine whether he or she is injured. Any such authorization
10 may be granted prior to the giving of a notice of injury under this
11 chapter. In any such case, the volunteer firefighter shall be deemed to
12 have been injured and shall be entitled to treatment and care and disa-
13 bility benefits as provided in this chapter.
14 2. Notwithstanding any provision of this chapter or of any general,
15 special or local law to the contrary, and for the purposes of this chap-
16 ter, any, condition of impairment of health caused by exposure to
17 COVID-19 during a state of emergency, resulting in, total or partial
18 disability or death to a volunteer firefighter where such firefighter
19 tested positive for COVID-19, shall be presumptive evidence that such
20 disability or death: (a) was caused by the natural and proximate result
21 of exposure to COVID-19, not caused by such firefighter's own negli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02869-01-3
A. 1511 2
1 gence; and (b) was incurred in the performance and discharge of duty,
2 unless the contrary be proven by competent evidence.
3 § 2. The volunteer ambulance workers' benefit law is amended by adding
4 a new section 11-d to read as follows:
5 § 11-d. COVID-19 exposures. 1. If, as a result of services performed
6 in the line of duty during a state of emergency, a volunteer ambulance
7 worker is exposed to or comes in contact with COVID-19, the captain or
8 other executive officer of the ambulance department, volunteer ambulance
9 company or ambulance district of which he or she is a member may author-
10 ize the volunteer ambulance worker to obtain such examinations, tests,
11 treatment and care as are immediately necessary to determine whether he
12 or she is injured. Any such authorization may be granted prior to the
13 giving of a notice of injury under this chapter. In any such case, the
14 volunteer ambulance worker shall be deemed to have been injured and
15 shall be entitled to treatment and care and disability benefits as
16 provided in this chapter.
17 2. Notwithstanding any provision of this chapter or of any general,
18 special or local law to the contrary, and for the purposes of this chap-
19 ter, any, condition of impairment of health caused by exposure to
20 COVID-19 during a state of emergency, resulting in, total or partial
21 disability or death to a volunteer ambulance worker where such ambulance
22 worker tested positive for COVID-19, shall be presumptive evidence that
23 such disability or death: (a) was caused by the natural and proximate
24 result of exposure to COVID-19, not caused by such ambulance worker's
25 own negligence; and (b) was incurred in the performance and discharge of
26 duty, unless the contrary be proven by competent evidence.
27 § 3. This act shall take effect immediately.
