- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S01411 Summary:
BILL NO | S01411B |
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SAME AS | SAME AS A00711-B |
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SPONSOR | GRIFFO |
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COSPNSR | ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN, BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY, MARCHIONE, MURPHY, O'MARA, PERALTA, PHILLIPS, RANZENHOFER, RITCHIE, ROBACH, TEDISCO, VALESKY, YOUNG |
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MLTSPNSR | |
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Add §205-cc, Gen Muni L; amd §612, Tax L | |
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Relates to the New York state volunteer firefighter gap coverage cancer disability benefits act. |
S01411 Actions:
BILL NO | S01411B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/09/2017 | REFERRED TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | ORDERED TO THIRD READING CAL.40 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2017 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2017 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2017 | referred to local governments | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | RECALLED FROM ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | VOTE RECONSIDERED - RESTORED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | AMENDED ON THIRD READING (T) 1411A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | AMENDED ON THIRD READING 1411B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | REPASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2017 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2017 | substituted for a711b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2017 | ordered to third reading rules cal.465 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2017 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
10/11/2017 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
10/22/2017 | SIGNED CHAP.334 |
S01411 Committee Votes:
Go to topS01411 Floor Votes:
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
ER
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
ER
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
ER
McLaughlin
Yes
Pretlow
Yes
Titone
ER
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
ER
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
No
Friend
Yes
Kearns
Yes
Mosley
ER
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
ER
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
ER
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S01411 Memo:
Memo not availableGo to top
S01411 Text:
Go to top 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. LBD03660-07-7S. 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.
S01411 LFIN:
  | NO LFIN |