Bill Text: NY A06767 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows claims for benefits for death or disability due to vascular rupture.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-12-21 - signed chap.680 [A06767 Detail]

Download: New_York-2021-A06767-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6767

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the volunteer firefighters' benefit law, in relation  to
          death  or  disability due to vascular rupture; and to repeal section 4
          of chapter 668 of the laws of 1977, amending the volunteer  firefight-
          ers'  benefit law relating to disability due to disease or malfunction
          of the heart or coronary  arteries,  in  relation  to  making  certain
          provisions permanent

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "Chief
     2  James Brooks Jr. Act".
     3    § 2. The section heading and subdivision 1 of section 61 of the volun-
     4  teer  firefighters' benefit law, the section heading as added by chapter
     5  668 of the laws of 1977, and subdivision 1 as amended by chapter 476  of
     6  the laws of 2018, are amended to read as follows:
     7    Death or disability due to disease or malfunction of heart or coronary
     8  arteries  or  due to vascular rupture; claims and procedures. 1. A claim
     9  for benefits for the death or disability of a volunteer firefighter  due
    10  to  disease  or  malfunction  of  the  heart  or of one or more coronary
    11  arteries or a claim for benefits for the death or disability of a volun-
    12  teer firefighter due  to  vascular  rupture  filed  in  accordance  with
    13  section  forty-one  of  this  chapter,  shall not be denied provided the
    14  claimant introduces evidence which establishes that  a  volunteer  fire-
    15  fighter  suffered  disease or malfunction of the heart or of one or more
    16  coronary arteries, or vascular rupture, which caused the disablement  or
    17  death   of   the   volunteer  firefighter,  and  that  such  disease  or
    18  malfunction, or vascular rupture, resulted from the  duties  and  activ-
    19  ities  in  which  the  volunteer firefighter was engaged as set forth in
    20  section five of this chapter for which benefits shall be paid, unless it
    21  can be shown by substantial evidence to the contrary that the duties and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08506-01-1
        A. 6767                             2

     1  activities of the volunteer firefighter in  which  the  volunteer  fire-
     2  fighter  was  engaged  at  the  time  of such disease or malfunction, or
     3  vascular rupture, did not cause or precipitate such disease or  malfunc-
     4  tion,  or vascular rupture; and further provided that the injury did not
     5  result solely from the intoxication of the volunteer  firefighter  while
     6  acting  in line of duty or was not occasioned by the wilful intention of
     7  the volunteer firefighter to bring about the injury or death of  himself
     8  or herself or another.
     9    § 3. Section 4 of chapter 668 of the laws of 1977, amending the volun-
    10  teer  firefighters' benefit law relating to disability due to disease or
    11  malfunction of the heart or coronary arteries, as amended by  section  1
    12  of  item  CC of subpart B of part XXX of chapter 58 of the laws of 2020,
    13  is REPEALED.
    14    § 4. This act shall take effect immediately.