A05957 Summary:

BILL NOA05957
 
SAME ASSAME AS S04173
 
SPONSORGunther
 
COSPNSRD'Urso, Lavine, Lupardo, Barrett, Byrne, McDonald, Buttenschon, Steck
 
MLTSPNSREnglebright
 
Amd 205-cc, Gen Muni L
 
Relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits.
Go to top    

A05957 Actions:

BILL NOA05957
 
02/20/2019referred to local governments
Go to top

A05957 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5957
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disability bene- fits   PURPOSE OR GENERAL IDEA OF BILL: To make technical corrections to the volunteer 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 requirements for eligibility under the program as an interior fire- fighter shall also include the applicable National Fire Protection Asso- ciation standards for mask fit testing. In addition, section 1 clarifies that in the absence of contemporaneously prepared documentation maintain by a fire district, department or company, a statement by the chief of the department or the chief administrative officer of the authority having jurisdiction attesting that the firefighter has met the eligibil- ity qualifications. Section 2 states that this act shall take effect immediately.   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 an additional verification method so that no fire- fighter 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.
Go to top

A05957 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5957
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the general municipal  law,  in  relation  to  proof  of
          eligibility for volunteer firefighter enhanced cancer disability bene-
          fits
 
          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 contemporaneously prepared documentation main-
    11  tained by the fire district, department or company evidencing the  proof
    12  required in this section, a statement signed by the chief of the depart-
    13  ment  or the chief administrative officer of the authority having juris-
    14  diction attesting to the firefighter's compliance with  the  eligibility
    15  requirements set forth in paragraph a of subdivision one of this section
    16  shall be deemed to be sufficient proof of eligibility.
    17    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09470-01-9
Go to top

A05957 LFIN:

 NO LFIN
Go to top