Referred to: The Public Health and Social Services Committee (Chairman Lopez and

Legislators Allen, Belfiglio, Heppner and Roberts), and The Law Enforcement and

Public Safety Committee (Chairman Briggs and Legislators Fabiano, Lapp, Maio and

Rodriguez)

Chairman Kenneth J. Ronk, Jr. and Legislators Allen, Belfiglio, Heppner, Lopez and

Roberts offer the following:

WHEREAS, Assembly Bill 05518 and Senate Bill 03891 have been

introduced in the 2015-2016 Legislative Session to amend the Volunteer Firefighter’s

Benefit Law to expand coverage to include cancer of the digestive, hematological,

lymphatic, urinary, prostate, neurological, breast, and reproduction systems; and

WHEREAS, the New York State Senate passed S03891 on June 18, 2015 at

which time the bill was delivered to and died in the Assembly; and

WHEREAS, the proposed amendment recognizes cancer disabilities for

firefighters exceed that of the average adult population; and

WHEREAS, a 2013 report, published in the Journal of Occupational

Environmental Medicine, found that firefighters are 62% more likely to develop

cancer of the esophagus, 21% more likely to develop intestinal cancer and 26% more

likely to develop breast cancer than the general population; and

WHEREAS, this firefighter cancer legislation was first introduced in the

2011-2012 New York State Legislative session; and

WHEREAS, A05518/S03891 will provide coverage for any melanoma or

condition of cancer affecting lymphatic, digestive, hematological, urinary, prostate,

neurological, breast and reproductive systems, resulting in total or partial disability or

death to a volunteer firefighter, who successfully passed a physical examination on

entry into firefighter service; and

WHEREAS, the bill further provides should the initial examination fail to

reveal any evidence of such a melanoma or condition, it shall be presumptive

evidence that it was incurred in the performance and discharge of duty unless the

contrary can be proven by competent evidence; and 

RESOLVED, that the Ulster County Legislature supports the New York State

Assembly’s passage of Assembly Bill 05518 and the New York State Senate’s

continued passage of Senate Bill 03891 to amend the Volunteer Firefighter’s Benefit

Law in relation to the expansion of coverage to include cancer of the digestive,

hematological, lymphatic, urinary, prostate, neurological, breast, and reproduction

systems; and, be it further

RESOLVED, the Clerk of the Ulster County Legislature shall forward copies

of this resolution to Governor Andrew Cuomo, Assembly and Senate Majority and

Minority Leaders, Assembly and Senate Local Government Committee Chairmen, all

Ulster County elected Assemblymen and Senators, the Firemen’s Association of New

York State and the Hudson Valley Volunteer Firemen’s Association,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 18 NOES: 0

(Absent: Legislators Briggs, Fabiano, Gerentine,

Maloney, and Roberts)

Passed Committee: Law Enforcement and Public Safety on February 8, 2016

Passed Committee: Public Health and Social Services on February 9, 2016

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 16th Day of February in the year Two Thousand and

Sixteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 17th Day of

February in the year Two Thousand and Sixteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature