A05957 Summary:

BILL NOA05957A
 
SAME ASSAME AS S04173-A
 
SPONSORGunther
 
COSPNSRD'Urso, Lavine, Lupardo, Barrett, Byrne, McDonald, Buttenschon, Steck, Manktelow, Bronson, Jacobson, Griffin, Hawley
 
MLTSPNSREnglebright
 
Amd 205-cc, Gen Muni L
 
Relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits.
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A05957 Actions:

BILL NOA05957A
 
02/20/2019referred to local governments
06/05/2019amend (t) and recommit to local governments
06/05/2019print number 5957a
06/12/2019reported referred to ways and means
06/13/2019reported referred to rules
06/17/2019reported
06/17/2019rules report cal.360
06/17/2019ordered to third reading rules cal.360
06/18/2019substituted by s4173a
 S04173 AMEND=A GAUGHRAN
 03/04/2019REFERRED TO LOCAL GOVERNMENT
 04/08/20191ST REPORT CAL.387
 04/09/20192ND REPORT CAL.
 04/10/2019ADVANCED TO THIRD READING
 05/20/2019PASSED SENATE
 05/20/2019DELIVERED TO ASSEMBLY
 05/20/2019referred to local governments
 06/05/2019RECALLED FROM ASSEMBLY
 06/05/2019returned to senate
 06/05/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/05/2019AMENDED ON THIRD READING (T) 4173A
 06/11/2019REPASSED SENATE
 06/11/2019RETURNED TO ASSEMBLY
 06/11/2019referred to local governments
 06/18/2019substituted for a5957a
 06/18/2019ordered to third reading rules cal.360
 06/18/2019passed assembly
 06/18/2019returned to senate
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A05957 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5957A
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disa- bility benefits; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: To make technical corrections to the volunteet firefighter enhanced cancer disability benefits program by clarifying additional information that can be submitted on behalf of the firefighter that he or she has met the eligibility requirements of the statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subparagraph (ii) of paragraph a of subdi- vision 1 of section 205-cc of the general municipal law to clarify that the an interior firefighter eligible for the program may submit alterna- tive documentation as determined by the office of fire prevention and control Section 2 states that this act shall take effect immediately and shall expire and be deemed repealed 10 years after such date. .   JUSTIFICATION: The volunteer firefighter disability benefit program provides financial protections to those volunteer firefighters that have contracted cancer as a result of their firefighting duties. As the program has begun to be implemented, there have been a number of departments that have been unable to properly identify those members eligible due to circumstances beyond their control. In some instances, there have been departments that have lost records and some who, following State Education Depart- ment guidelines, have only kept records for six years. Additionally, there are some older interior firefighters who were not required to take a fit test as currently required and therefore are having difficulty proving eligibility. The proposed legislation would clarify the current law and allow' for additional verification methods so that no firefight- er is excluded from the program who otherwise is eligible.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05957 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5957--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced by M. of A. GUNTHER, D'URSO, LAVINE, LUPARDO, BARRETT, BYRNE,
          McDONALD, BUTTENSCHON, STECK, MANKTELOW, BRONSON -- Multi-Sponsored by
          -- M. of A.  ENGLEBRIGHT -- read once and referred to the Committee on
          Local  Governments  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the general municipal  law,  in  relation  to  proof  of
          eligibility for volunteer firefighter enhanced cancer disability bene-
          fits;  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.  Subparagraph  (ii)  of  paragraph  a  of subdivision 1 of
     2  section 205-cc of the general municipal law, as amended by  chapter  334
     3  of the laws of 2017, is amended and a new subdivision 8 is added to read
     4  as follows:
     5    (ii)  Having  submitted  proof  of five years of interior firefighting
     6  service by providing verification that he or she  has  passed  at  least
     7  five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
     8  or  the [current] applicable National Fire Protection Association stand-
     9  ards for mask fit testing.
    10    8. In the absence of the documentation  required  in  paragraph  a  of
    11  subdivision  one  of  this  section,  the volunteer firefighter shall be
    12  eligible if they submit alternative documentation as determined  by  the
    13  office of fire prevention and control. The office of fire prevention and
    14  control  shall  promulgate  rules  and  regulations  as to an acceptable
    15  combination of alternative documentation and  such  documentation  shall
    16  include, but not be limited to, training records, documentation that the
    17  firefighter was an active interior volunteer firefighter as evidenced by
    18  National Fire Incident Reports submitted by the volunteer's fire depart-
    19  ment, or any other combination of official documents capable of evidenc-
    20  ing that the firefighter meets the requirements of this section.
    21    §  2.  This  act shall take effect immediately and shall expire and be
    22  deemed repealed 10 years after such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09470-02-9
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A05957 LFIN:

 NO LFIN
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