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expire and be deemed repealed 10 years after such date.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.
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
