What's happening
This bill creates a presumption that certain cancers in firefighters are work-related for disability or death benefits.
Why it matters
Shifts the burden of proof in disability and death claims. By creating a presumption that certain cancers in firefighters are job-related, the bill makes it easier for affected firefighters (or their families) to qualify for benefits, unless there is strong evidence showing the cancer was not caused by their work.
Covers a broad range of cancers. The bill specifically includes cancers affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems, as well as melanoma, acknowledging the increased occupational risks firefighters face due to exposure to hazardous substances.
Applies only to firefighters who passed an entry exam. Only those who had a clean bill of health regarding these cancers when they joined the fire department are eligible, ensuring that pre-existing conditions are not mistakenly attributed to service-related causes.
Potential impact on municipalities and retirement systems. The bill could increase costs for local governments and the New York State and Local Police and Fire Retirement System, as more claims for disability or death benefits might be approved under the new standard.
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Who cares
Headline styles
Protect Firefighters With Cancer
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.562
- Referred to local government
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.787
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Presume Cancer for Firefighters
In Assembly Committee · Ways And Means · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4564
2017-2018 Regular Sessions
IN SENATE
February 17, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to creating a cancer presumption for firefighters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 207-kkk to read as follows:
§ 207-kkk. Firefighters; disabilities caused by cancer. Notwithstanding any other provisions of this chapter to the contrary, any condition of impairment of health caused by (i) any condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems or (ii) melanoma resulting in total or partial disability or death to a paid member of a fire department or fire district that participates in the New York State and Local Police and Fire Retirement System, who successfully passed a physical examination on entry into the service of such department, which examination failed to reveal any evidence of such condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proved by competent evidence.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10089-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to creating a cancer presumption for firefighters
Purpose
Provides disability or death of certain firemen from cancer disabilities presumed to be occupational.
Summary of provisions
Section one of this bill adds a new section 207-kkk to the General Municipal Law.
Section two of this bill provides that this act shall take effect immediately.
Justification
The increased use of plastic and other chemical products in the last two decades has resulted in a qualitative change in the nature of the compounds to which firefighters are exposed to in responding to fires and other hazardous situations. Cancer disabilities for firefighters exceeds that of the average adult population. This increase is due to the proliferation of synthetic chemicals resulting in firefighters being exposed to increasing numbers of combustion and off-gassed materials from plastics and other synthetic substances at fires, chemical spills and other hazardous exposures
Legislative history
New bill.
Fiscal implications
Undetermined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.