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PBA has managed the nearly impossible by getting a piece of legislation
enacted during the budget session, when the state legislature usually
goes into political paralysis. The legislation, Assembly bill 00716,
amends the vehicle-and-traffic law so that on-duty traffic accidents
won’t count against an officer’s personal driving record.
This change recognizes that there is an inherent risk in responding
to police emergencies and that it’s unfair to penalize the
personal driving record of an officer risking his or her life in
that response because of a job-related accident. Any of us who have
had an on-the-job 53 knows that it can send your personal car insurance
rates through the roof and that’s just not right. Why should
our personal lives be penalized for something that happened in the
execution of our duties?
Making matters even more unfair was the protection enjoyed by
firefighters, even volunteer firefighters upstate, under the existing
traffic law. Something needed to be done to correct these inequities
and we did it under very difficult circumstances. Only two union-sponsored
bills were acted on during the budget session and one was our insurance
bill. The governor signed it into law May 11.
| Another piece of legislation the PBA is pushing for is known
as the “September 11th presumptive disability bill,”
which would entitle city employees who worked either at Ground Zero
or the Fresh Kills landfill protection against illnesses caused
by exposure at those locations. Governor Pataki vetoed the bill
last year because he felt it was too broadly written. Since then,
the bill has been redrafted to address the Governor’s concerns.
It has now passed both houses of the legislature and is awaiting
his signature once more.
Unfortunately, we’re just beginning to see the earliest
indications of the harmful effects of exposure to the toxic cloud
created by the World Trade Center attacks. The PBA has already successfully
litigated one case in which a judge ruled that a police officer
was entitled to a job-related disability pension because exposure
at the WTC caused or aggravated a cancer.
We are concerned about the possibility of similar cases and believe
this legislation is proper and just and the best way to compensate
those who sacrificed so much in the attempt to rescue and recover
the victims of that tragedy. We will continue to work hard to pass
this important piece of legislation.
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