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S01411 Summary:

BILL NOS01411B
 
SAME ASSAME AS A00711-B
 
SPONSORGRIFFO
 
COSPNSRADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN, BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY, MARCHIONE, MURPHY, O'MARA, PERALTA, PHILLIPS, RANZENHOFER, RITCHIE, ROBACH, TEDISCO, VALESKY, YOUNG
 
MLTSPNSR
 
Add §205-cc, Gen Muni L; amd §612, Tax L
 
Relates to the New York state volunteer firefighter gap coverage cancer disability benefits act.
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S01411 Actions:

BILL NOS01411B
 
01/09/2017REFERRED TO LOCAL GOVERNMENT
01/17/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/17/2017ORDERED TO THIRD READING CAL.40
01/24/2017PASSED SENATE
01/24/2017DELIVERED TO ASSEMBLY
01/24/2017referred to local governments
06/12/2017RECALLED FROM ASSEMBLY
06/12/2017returned to senate
06/12/2017VOTE RECONSIDERED - RESTORED TO THIRD READING
06/12/2017AMENDED ON THIRD READING (T) 1411A
06/14/2017AMENDED ON THIRD READING 1411B
06/19/2017REPASSED SENATE
06/19/2017RETURNED TO ASSEMBLY
06/19/2017referred to ways and means
06/20/2017substituted for a711b
06/20/2017ordered to third reading rules cal.465
06/20/2017passed assembly
06/20/2017returned to senate
10/11/2017DELIVERED TO GOVERNOR
10/22/2017SIGNED CHAP.334
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S01411 Committee Votes:

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S01411 Floor Votes:

DATE:06/20/2017Assembly Vote  YEA/NAY: 139/1
AbbateYCrouchYGoodellYLiftonYO'DonnellERSepulvedaY
AbinantiYCurranYGottfriedYLopezYOrtizYSimanowitzY
ArroyoYCusickYGrafYLupardoYOtisYSimonY
AubryYCymbrowitzYGuntherYLupinacciYPalmesanoYSimotasER
BarclayYDavilaERHarrisYMageeYPalumboYSkartadosY
BarnwellYDe La RosaYHawleyYMagnarelliYPaulinYSkoufisY
BarrettYDenDekkerYHevesiYMalliotakisYPellegrinoYSolagesY
BarronYDickensERHikindYMayerYPeoples-StokesYStecY
BenedettoYDilanYHooperYMcDonaldYPerryYSteckY
BichotteYDinowitzYHunterYMcDonoughYPheffer AmatoYStirpeY
BlakeYDiPietroYHyndmanYMcKevittYPichardoYThieleY
BlankenbushYD'UrsoYJaffeeYMcLaughlinERPretlowYTitoneY
BrabenecEREnglebrightYJean-PierreYMiller B YQuartYTitusY
BraunsteinYErrigoYJenneYMiller MGYRaYVanelY
BrindisiYFahyYJohnsYMiller MLYRaiaYWalkerY
BronsonYFarrellYJonesYMontesanoYRamosYWallaceY
BuchwaldYFinchYJoynerYMorelleYRichardsonYWalshY
ButlerERFitzpatrickYKavanaghYMorinelloYRiveraYWalterY
ByrneYFriendNOKearnsYMosleyYRodriguezERWeinsteinY
CahillYGalefYKimYMoyaYRosenthalYWeprinY
CarrollYGanttYKolbYMurrayYRozicYWilliamsY
CastorinaYGarbarinoYLalorERNiouYRyanYWoernerY
ColtonYGiglioYLavineYNolanYSantabarbaraYWrightY
CookYGjonajERLawrenceYNorrisYSchimmingerYZebrowskiY
CrespoYGlickYLentolYOaksYSeawrightYMr. SpeakerY

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S01411 Memo:

Memo not available
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S01411 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1411--B
            Cal. No. 40
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by Sens. GRIFFO, ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN,
          BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY,
          MARCHIONE, MURPHY, O'MARA, PHILLIPS, RITCHIE, ROBACH,  TEDISCO,  VALE-
          SKY,  YOUNG  -- read twice and ordered printed, and when printed to be
          committed to the Committee on Local Government -- committee discharged
          and said bill committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading -- again amended and ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to amend the general municipal law and the tax law, in relation
          to the "New York state volunteer firefighter gap coverage cancer disa-
          bility benefits act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York State Volunteer  Firefighter  Enhanced  Cancer  Disability
     3  Benefits Act".
     4    §  2.  The  general  municipal  law is amended by adding a new section
     5  205-cc to read as follows:
     6    § 205-cc. Volunteer firefighter enhanced cancer  disability  benefits.
     7  A  legally  organized fire district, department or company shall provide
     8  and maintain for each eligible volunteer firefighter, an enhanced cancer
     9  disability benefit insurance program.
    10    1. Definitions. As used in this section:
    11    a. "Eligible volunteer firefighter" means:
    12    (i) A volunteer firefighter having five or more years of faithful  and
    13  actual  service  in the protection of life and property from fire in the
    14  interior of buildings and having successfully passed a physical examina-
    15  tion on entry to the firefighter service, which  examination  failed  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03660-07-7

        S. 1411--B                          2
 
     1  reveal  any evidence of cancers as defined in paragraph b of this subdi-
     2  vision; and
     3    (ii)  Having  submitted  proof  of five years of interior firefighting
     4  service by providing verification that he or she  has  passed  at  least
     5  five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
     6  or  the  current National Fire Protection Association standards for mask
     7  fit testing.
     8    b. "Cancer" means:
     9    (i) A disease caused by an uncontrolled division of abnormal cells  in
    10  a  part  of  the  body or a malignant growth or tumor resulting from the
    11  division of abnormal cells; and
    12    (ii) Affecting the prostate or breast, lymphatic, hematological diges-
    13  tive, urinary, neurological, or reproductive systems, or melanoma.
    14    2. An eligible volunteer firefighter shall be entitled to  payment  of
    15  enhanced cancer benefits as follows:
    16    a. A lump sum benefit of twenty-five thousand dollars for each diagno-
    17  sis  payable  to such firefighter upon acceptable proof to the insurance
    18  carrier or other payor of a diagnosis by a board certified physician  in
    19  the  medical specialty appropriate for the type of cancer diagnosed that
    20  there are one or more malignant tumors characterized by the uncontrolla-
    21  ble and abnormal growth and spread of malignant cells with  invasion  of
    22  normal tissue and that either:
    23    (i) There is metastasis; and
    24    (1) surgery, radiotherapy, or chemotherapy is medically necessary; or
    25    (2) there is a tumor of the prostate, provided that it is treated with
    26  radical prostatectomy or external beam therapy; or
    27    (ii)  The  firefighter has terminal cancer, his or her life expectancy
    28  is twenty-four months or less from the date of diagnosis, and  will  not
    29  benefit from, or has exhausted, curative therapy.
    30    b.  A  lump  sum benefit of six thousand two hundred fifty dollars for
    31  each diagnosis payable to such firefighter upon acceptable proof to  the
    32  insurance  carrier  or  other  payor of a diagnosis by a board certified
    33  physician in the medical specialty appropriate for the  type  of  cancer
    34  involved that either:
    35    (i)  There  is  carcinoma  in situ such that surgery, radiotherapy, or
    36  chemotherapy has been determined to be medically necessary;
    37    (ii) There are malignant tumors which are treated by endoscopic proce-
    38  dures alone; or
    39    (iii) There are malignant melanomas.
    40    c. A monthly benefit of one thousand five hundred  dollars,  of  which
    41  the  first  payment  shall be made six months after total disability and
    42  submission of acceptable proof  of  said  disability  to  the  insurance
    43  carrier or other payor that such disability is caused by cancer and that
    44  such  cancer  precludes  the  firefighter from serving as a firefighter.
    45  Such benefit shall continue for up  to  thirty-six  consecutive  monthly
    46  payments.
    47    (i)  Such  monthly  benefit  shall be subordinate to any other benefit
    48  actually paid to the firefighter solely for  such  disability  from  any
    49  other  source,  not  including private insurance purchased solely by the
    50  firefighter, and shall be limited to the difference between  the  amount
    51  of such other paid benefit and the amount specified herein; and
    52    (ii)  Any  firefighter receiving such monthly benefits may be required
    53  to have his or her condition reevaluated. In the event any such reevalu-
    54  ation reveals that such person  has  regained  the  ability  to  perform
    55  duties  as  a  firefighter, then his or her monthly benefits shall cease
    56  the last day of the month of reevaluation.

        S. 1411--B                          3
 
     1    (iii) In the event that there is a subsequent reoccurrence of a  disa-
     2  bility  caused by cancer which precludes the firefighter from serving as
     3  a firefighter, he or she shall be  entitled  to  receive  any  remaining
     4  monthly payments.
     5    d.  An  eligible  volunteer  firefighter  shall also be entitled to an
     6  additional payment of enhanced cancer death benefits in  the  amount  of
     7  fifty  thousand dollars which is payable to such volunteer or his or her
     8  beneficiary upon acceptable proof by a board  certified  physician  that
     9  such  firefighter's  death  resulted  from complications associated with
    10  cancer.
    11    e. Provided however, an eligible volunteer firefighter shall be ineli-
    12  gible for these benefits if they are already provided  paid  firefighter
    13  benefits under this article.
    14    3.  The combined total of all benefits received by any eligible volun-
    15  teer firefighter pursuant to paragraphs a and b of  subdivision  two  of
    16  this  section during his or her lifetime shall not exceed fifty thousand
    17  dollars.
    18    4. An eligible volunteer firefighter shall remain eligible  for  bene-
    19  fits  pursuant  to  paragraphs  a,  b  and  d of subdivision two of this
    20  section for sixty months after the formal  cessation  of  the  volunteer
    21  firefighter's  status  as  an  active  volunteer  firefighter.  The fire
    22  district, department or company in which such firefighter  served  shall
    23  be  responsible  for  payment  of all premiums or other costs associated
    24  with benefits provided under paragraphs a, b and d of subdivision two of
    25  this section throughout the duration of  the  eligible  volunteer  fire-
    26  fighter's coverage.
    27    5. A fire district, department or company shall, no later than January
    28  first,  two  thousand  nineteen,  show  proof of insurance coverage that
    29  meets the requirements of this section or shall show satisfactory  proof
    30  of  the ability to pay such compensation to ensure adequate coverage for
    31  all eligible volunteer  firefighters.  Such  coverage  shall  remain  in
    32  effect until sixty months after the fire district, department or company
    33  no  longer  has  any  volunteer  firefighters who could qualify for this
    34  benefit.
    35    6. Any fire district, department or company that has had  a  volunteer
    36  firefighter  file  a  claim for or receive an enhanced cancer disability
    37  benefit under the provisions of this section shall  report  such  claims
    38  filed,  claims paid and types of claims to the office of fire prevention
    39  and control. Beginning on January first, two thousand twenty, the office
    40  of fire and prevention control shall report annually  to  the  governor,
    41  the  temporary president of the senate, the speaker of the assembly, the
    42  chair of the senate finance committee and the chair of the assembly ways
    43  and means committee the number of firefighters  who  have  filed  claims
    44  pursuant  to  this  section  and  the  number  of  firefighters who have
    45  received benefits under the provisions of this section.
    46    7. The office of fire prevention and control, in consultation with the
    47  department of financial services and the  workers'  compensation  board,
    48  shall  adopt  such rules and regulations as are reasonable and necessary
    49  to implement the provisions of this section.    Such  regulations  shall
    50  include  the  process  by  which  a  firefighter  files  a claim for the
    51  enhanced cancer disability benefit, how the beneficiary of such eligible
    52  volunteer firefighter files a claim for the enhanced cancer death  bene-
    53  fit,  the process by which claimants can appeal a denial of benefits and
    54  what proof is deemed acceptable to qualify for such benefits.
    55    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    56  a new paragraph 42 to read as follows:

        S. 1411--B                          4
 
     1    (42) Insurance payments received by an eligible volunteer  firefighter
     2  for the cancer disability benefits in section two hundred five-cc of the
     3  general  municipal  law  to  the  extent  includable in gross income for
     4  federal income tax purposes.
     5    §  4.  This  act shall take effect January 1, 2019; provided, however,
     6  that effective immediately, the addition and/or repeal of  any  rule  or
     7  regulation necessary for the implementation of this act on its effective
     8  date  are  authorized and directed to be made and completed on or before
     9  such effective date; and provided further, however, that the regulations
    10  required pursuant to subdivision 7 of  section  205-cc  of  the  general
    11  municipal  law as added by section two of this act shall be finalized no
    12  later than June 1, 2018.
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S01411 LFIN:

 NO LFIN
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