Bill Text: NY A02232 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides optional disability coverage for county probation officers.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2019-03-19 - reported referred to ways and means [A02232 Detail]

Download: New_York-2019-A02232-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2232
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M.  of  A.  PAULIN,  COLTON,  ORTIZ, WEPRIN, DiPIETRO --
          Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
          the Committee on Governmental Employees
        AN ACT to amend the general municipal law, in relation to optional disa-
          bility coverage for county probation officers
          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 55 of chapter 476 of the laws of 2018, 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 or any member of a  police  force
     6  of  any  county,  city  of  less  than  one  million population, town or
     7  village, or of any district, agency, board, body or commission  thereof,
     8  or  any LIRR police officer as defined in paragraph two of subdivision a
     9  of section three hundred eighty-nine of the retirement and social  secu-
    10  rity  law  whose  benefits  are provided in and pursuant to such section
    11  three hundred eighty-nine, or  a  detective-investigator  or  any  other
    12  investigator  who  is a police officer pursuant to the provisions of the
    13  criminal procedure law employed in the office of a district attorney  of
    14  any  county, or any corrections officer of the county of Erie department
    15  of corrections, or an advanced ambulance medical technician employed  by
    16  the  county  of Nassau, or any detention officer employed by the city of
    17  Yonkers,  or  any  supervising  fire  inspector,  fire  inspector,  fire
    18  marshal,  or  assistant fire marshal employed full-time in the county of
    19  Nassau fire marshal's office, or at the option of [the] any  county  [of
    20  Nassau],  any  county probation officer [of the county of Nassau] who is
    21  injured in the performance of his or her duties or who is taken sick  as
    22  a  result  of  the performance of his or her duties so as to necessitate
    23  medical or other lawful remedial treatment shall be paid by the  munici-
    24  pality  or  The  Long  Island  Rail  Road  Company by which he or she is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07020-01-9

        A. 2232                             2
     1  employed the full amount of his or her regular salary or wages from such
     2  employer until his or her disability arising therefrom has ceased,  and,
     3  in addition such municipality or The Long Island Rail Road Company shall
     4  be  liable  for  all medical treatment and hospital care necessitated by
     5  reason of such injury or illness. Provided, however, and notwithstanding
     6  the foregoing provisions of this section,  the  municipal  or  The  Long
     7  Island  Rail  Road Company health authorities or any physician appointed
     8  for the purpose by the municipality or The Long Island Rail Road  Compa-
     9  ny,  as  relevant,  after  a determination has first been made that such
    10  injury or sickness was incurred during, or resulted from, such  perform-
    11  ance  of  duty, may attend any such injured or sick police officer, from
    12  time to time, for the purpose of providing medical,  surgical  or  other
    13  treatment,  or  for making inspections, and the municipality or The Long
    14  Island Rail Road Company, as the case may be, shall not  be  liable  for
    15  salary  or  wages  payable  to  such  police officer, or for the cost of
    16  medical treatment or hospital care furnished after  such  date  as  such
    17  health  authorities or physician shall certify that such injured or sick
    18  police officer has recovered and is physically able to  perform  his  or
    19  her  regular duties. Any injured or sick police officer who shall refuse
    20  to accept medical treatment or hospital care or shall refuse  to  permit
    21  medical  inspections as herein authorized, including examinations pursu-
    22  ant to subdivision two of this section, shall be deemed to  have  waived
    23  his  or her rights under this section in respect to expenses for medical
    24  treatment or hospital care rendered and  for  salary  or  wages  payable
    25  after such refusal.
    26    Notwithstanding  any  provision  of law to the contrary, a provider of
    27  medical treatment or hospital care furnished pursuant to the  provisions
    28  of  this  section  shall not collect or attempt to collect reimbursement
    29  for such treatment or care  from  any  such  police  officer,  any  such
    30  advanced ambulance medical technician or any such detention officer.
    31    §  2.  Subdivision 1 of section 207-c of the general municipal law, as
    32  amended by section 56 of chapter 476 of the laws of 2018, is amended  to
    33  read as follows:
    34    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    35  the  sheriff's  department  of  any county (hereinafter referred to as a
    36  "police officer") or any member of a police force of any county, city of
    37  less than one million population, town or village, or of  any  district,
    38  agency,  board,  body or commission thereof, or a detective-investigator
    39  or any other investigator who  is  a  police  officer  pursuant  to  the
    40  provisions  of  the  criminal  procedure law employed in the office of a
    41  district attorney of any county, or any corrections officer of the coun-
    42  ty of Erie department of corrections, or an advanced  ambulance  medical
    43  technician  employed  by  the county of Nassau, or any detention officer
    44  employed by the city of Yonkers, or any supervising fire inspector, fire
    45  inspector, fire marshal or assistant fire marshal employed full-time  in
    46  the  county  of  Nassau fire marshal's office, or at the option of [the]
    47  any county [of Nassau], any county probation officer [of the  county  of
    48  Nassau] who is injured in the performance of his or her duties or who is
    49  taken  sick as a result of the performance of his or her duties so as to
    50  necessitate medical or other lawful remedial treatment shall be paid  by
    51  the  municipality  by which he or she is employed the full amount of his
    52  or her regular salary or wages until his or her disability arising ther-
    53  efrom has ceased, and, in addition such municipality shall be liable for
    54  all medical treatment and hospital care necessitated by reason  of  such
    55  injury  or illness. Provided, however, and notwithstanding the foregoing
    56  provisions of this section, the  municipal  health  authorities  or  any

        A. 2232                             3
     1  physician  appointed for the purpose by the municipality, after a deter-
     2  mination has first been made that such injury or sickness  was  incurred
     3  during,  or resulted from, such performance of duty, may attend any such
     4  injured  or  sick  police officer, from time to time, for the purpose of
     5  providing  medical,  surgical  or  other  treatment,   or   for   making
     6  inspections and the municipality shall not be liable for salary or wages
     7  payable  to such police officer, or for the cost of medical treatment or
     8  hospital care furnished after such date as such  health  authorities  or
     9  physician  shall  certify  that  such injured or sick police officer has
    10  recovered and is physically able to perform his or her  regular  duties.
    11  Any  injured  or  sick police officer who shall refuse to accept medical
    12  treatment or hospital care or shall refuse to permit medical inspections
    13  as herein authorized, including examinations pursuant to subdivision two
    14  of this section, shall be deemed to have waived his or her rights  under
    15  this  section  in  respect to expenses for medical treatment or hospital
    16  care rendered and for salary or wages payable after such refusal.
    17    Notwithstanding any provision of law to the contrary,  a  provider  of
    18  medical  treatment or hospital care furnished pursuant to the provisions
    19  of this section shall not collect or attempt  to  collect  reimbursement
    20  for  such  treatment or care from any such police officer, a member of a
    21  police force of any county, city, any such  advanced  ambulance  medical
    22  technician,  any such detention officer or any such detective-investiga-
    23  tor or any other such investigator who is a police officer  pursuant  to
    24  the provisions of the criminal procedure law.
    25    § 3. This act shall take effect immediately; provided, that the amend-
    26  ments  to  subdivision  1  of section 207-c of the general municipal law
    27  made by section one of this act shall be subject to the  expiration  and
    28  reversion  of  such  subdivision pursuant to section 7 of chapter 628 of
    29  the laws of 1991, as amended, when upon  such  date  the  provisions  of
    30  section two of this act shall take effect.
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