Bill Text: NY A00567 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to local governments [A00567 Detail]

Download: New_York-2013-A00567-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          567
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Local Governments
       AN ACT to amend the general municipal law,  in  relation  to  disability
         coverage for detention officers employed by the city of Yonkers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 207-c  of  the  general  municipal
    2  law,  as  amended  by  section  3 of chapter 675 of the laws of 1997, is
    3  amended to read as follows:
    4    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    5  the sheriff's department of any county (hereinafter  referred  to  as  a
    6  "policeman") or any member of a police force of any county, city of less
    7  than  one million population, town or village, or of any district, agen-
    8  cy, board, body or commission thereof, or  a  detective-investigator  or
    9  any  other  investigator  who  is  a  police  officer  pursuant  to  the
   10  provisions of the criminal procedure law employed in  the  office  of  a
   11  district attorney of any county, or any corrections officer of the coun-
   12  ty  of  Erie department of corrections, or an advanced ambulance medical
   13  technician employed by the county of Nassau, OR  ANY  DETENTION  OFFICER
   14  EMPLOYED BY THE CITY OF YONKERS, or any supervising fire inspector, fire
   15  inspector,  fire marshal or assistant fire marshal employed full-time in
   16  the county of Nassau fire marshal's office, or  at  the  option  of  the
   17  county  of  Nassau, any probation officer of the county of Nassau who is
   18  injured in the performance of his duties or  who  is  taken  sick  as  a
   19  result  of the performance of his duties so as to necessitate medical or
   20  other lawful remedial treatment shall be paid  by  the  municipality  by
   21  which  he  is  employed  the  full amount of his regular salary or wages
   22  until his disability arising therefrom has ceased, and, in addition such
   23  municipality shall be liable for all medical treatment and hospital care
   24  necessitated by reason of such injury or illness.    Provided,  however,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00924-01-3
       A. 567                              2
    1  and notwithstanding the foregoing provisions of this section, the munic-
    2  ipal  health  authorities  or any physician appointed for the purpose by
    3  the municipality, after a determination has first been  made  that  such
    4  injury  or sickness was incurred during, or resulted from, such perform-
    5  ance of duty, may attend any such injured or sick policeman,  from  time
    6  to  time, for the purpose of providing medical, surgical or other treat-
    7  ment, or for making inspections and the municipality shall not be liable
    8  for salary or wages payable to  such  policeman,  or  for  the  cost  of
    9  medical  treatment  or  hospital  care furnished after such date as such
   10  health authorities or physician shall certify that such injured or  sick
   11  policeman  has  recovered  and is physically able to perform his regular
   12  duties. Any injured or sick policeman who shall refuse to accept medical
   13  treatment or hospital care or shall refuse to permit medical inspections
   14  as herein authorized, including examinations pursuant to subdivision two
   15  of this section, shall be deemed to have waived his  rights  under  this
   16  section  in  respect  to expenses for medical treatment or hospital care
   17  rendered and for salary or wages payable after such refusal.
   18    Notwithstanding any provision of law to the contrary,  a  provider  of
   19  medical  treatment or hospital care furnished pursuant to the provisions
   20  of this section shall not collect or attempt  to  collect  reimbursement
   21  for such treatment or care from any such policeman, a member of a police
   22  force  of  any county, city, any such advanced ambulance medical techni-
   23  cian, ANY SUCH DETENTION OFFICER or any such  detective-investigator  or
   24  any  other  such  investigator  who  is a police officer pursuant to the
   25  provisions of the criminal procedure law.
   26    S 2. Subdivision 1 of section 207-c of the general municipal  law,  as
   27  amended  by  section 4 of chapter 675 of the laws of 1997, is amended to
   28  read as follows:
   29    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
   30  the sheriff's department of any county or any member of a  police  force
   31  of  any  county,  city  of  less  than  one  million population, town or
   32  village, or of any district, agency, board, body or commission  thereof,
   33  or  any LIRR police officer as defined in paragraph two of subdivision a
   34  of section three hundred eighty-nine of the retirement and social  secu-
   35  rity  law  whose  benefits  are provided in and pursuant to such section
   36  three hundred eighty-nine, or  a  detective-investigator  or  any  other
   37  investigator  who  is a police officer pursuant to the provisions of the
   38  criminal procedure law employed in the office of a district attorney  of
   39  any  county, or any corrections officer of the county of Erie department
   40  of corrections, or an advanced ambulance medical technician employed  by
   41  the  county  of Nassau, OR ANY DETENTION OFFICER EMPLOYED BY THE CITY OF
   42  YONKERS,  or  any  supervising  fire  inspector,  fire  inspector,  fire
   43  marshal,  or  assistant fire marshal employed full-time in the county of
   44  Nassau fire marshal's office, or at the option of the county of  Nassau,
   45  any  probation  officer  of  the  county of Nassau who is injured in the
   46  performance of his duties or who is  taken  sick  as  a  result  of  the
   47  performance  of  his duties so as to necessitate medical or other lawful
   48  remedial treatment shall be paid by the municipality or The Long  Island
   49  Rail Road Company by which he is employed the full amount of his regular
   50  salary  or  wages from such employer until his disability arising there-
   51  from has ceased, and, in addition such municipality or The  Long  Island
   52  Rail Road Company shall be liable for all medical treatment and hospital
   53  care necessitated by reason of such injury or illness.  Provided, howev-
   54  er,  and  notwithstanding  the foregoing provisions of this section, the
   55  municipal or The Long Island Rail Road Company health authorities or any
   56  physician appointed for the purpose by  the  municipality  or  The  Long
       A. 567                              3
    1  Island  Rail  Road Company, as relevant, after a determination has first
    2  been made that such injury or sickness was incurred during, or  resulted
    3  from,  such  performance  of  duty,  may attend any such injured or sick
    4  policeman,  from  time  to  time,  for the purpose of providing medical,
    5  surgical or other treatment, or for making inspections, and the  munici-
    6  pality  or  The Long Island Rail Road Company, as the case may be, shall
    7  not be liable for salary or wages payable to such policeman, or for  the
    8  cost  of medical treatment or hospital care furnished after such date as
    9  such health authorities or physician shall certify that such injured  or
   10  sick policeman has recovered and is physically able to perform his regu-
   11  lar  duties.  Any  injured  or sick policeman who shall refuse to accept
   12  medical treatment or hospital care or shall  refuse  to  permit  medical
   13  inspections  as  herein  authorized,  including examinations pursuant to
   14  subdivision two of this section, shall be  deemed  to  have  waived  his
   15  rights  under  this section in respect to expenses for medical treatment
   16  or hospital care rendered and for salary or  wages  payable  after  such
   17  refusal.
   18    Notwithstanding  any  provision  of law to the contrary, a provider of
   19  medical treatment or hospital care furnished pursuant to the  provisions
   20  of  this  section  shall not collect or attempt to collect reimbursement
   21  for such treatment or care  from  any  such  policeman  [or],  any  such
   22  advanced ambulance medical technician OR ANY SUCH DETENTION OFFICER.
   23    S  3. This act shall take effect immediately, provided that the amend-
   24  ments to subdivision 1 of section 207-c of  the  general  municipal  law
   25  made  by  section one of this act shall be subject to the expiration and
   26  reversion of such subdivision pursuant to section 7 of  chapter  628  of
   27  the  laws  of  1991,  as  amended, when upon such date the provisions of
   28  section two of this act shall take effect.
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