What's happening
This bill allows volunteer firefighters to use alternative documentation to prove eligibility for enhanced cancer disability benefits when standard records are unavailable.
Why it matters
Expands access for volunteer firefighters. By allowing alternative documentation, the bill helps ensure that eligible volunteers aren't denied cancer disability benefits simply due to missing or incomplete standard records, which can be a common issue in volunteer departments.
Recognizes practical challenges in record-keeping. Volunteer fire departments may not always have consistent or comprehensive records over many years; this amendment acknowledges those real-world gaps and offers a solution.
Delegates authority for defining acceptable proof. The Office of Fire Prevention and Control is tasked with setting clear guidelines for what counts as acceptable alternative documentation, potentially increasing clarity and fairness across different departments.
Could increase participation in benefit programs. By lowering administrative hurdles, more eligible firefighters may be able to access enhanced cancer disability benefits, which can provide crucial support for those facing health challenges linked to their service.
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Who cares
Headline styles
Easier Proof for Firefighter Benefits
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.84
- Signed chap.738
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.360
- Substituted for A5957A
- Referred to local governments
- Returned to assembly
- Repassed senate
- Amended on third reading (t) 4173a
- Vote reconsidered - restored to third reading
Show 9 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.387
- 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.
Easier Proof for Firefighter Benefits
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4173--A Cal. No. 387
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sens. GAUGHRAN, BIAGGI, CARLUCCI, FUNKE, GALLIVAN, MARTI- NEZ, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to first and second report, 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
AN ACT to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disability benefits; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (ii) of paragraph a of subdivision 1 of section 205-cc of the general municipal law, as amended by chapter 334 of the laws of 2017, is amended and a new subdivision 8 is added to read as follows:
(ii) Having submitted proof of five years of interior firefighting service by providing verification that he or she has passed at least five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 or the [current] applicable National Fire Protection Association standards for mask fit testing.
8. In the absence of the documentation required in paragraph a of subdivision one of this section, the volunteer firefighter shall be eligible if they submit alternative documentation as determined by the office of fire prevention and control. The office of fire prevention and control shall promulgate rules and regulations as to an acceptable combination of alternative documentation and such documentation shall include, but not be limited to, training records, documentation that the firefighter was an active interior volunteer firefighter as evidenced by National Fire Incident Reports submitted by the volunteer's fire depart-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09470-03-9
S. 4173--A 2
ment, or any other combination of official documents capable of evidencing that the firefighter meets the requirements of this section.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed 10 years after such date.
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 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 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 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 firefighter 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.