Bill Text: NY A09667 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2018-12-07 - tabled [A09667 Detail]

Download: New_York-2017-A09667-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9667
                   IN ASSEMBLY
                                    January 31, 2018
                                       ___________
        Introduced by M. of A. PAULIN -- 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  1 of chapter 522 of the laws of 2015, 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]  police  officer")  or  any member of a police force of any
     7  county, city of less than one million population, town or village, or of
     8  any district, agency, board, body or commission  thereof,  or  a  detec-
     9  tive-investigator  or  any  other  investigator  who is a police officer
    10  pursuant to the provisions of the criminal procedure law employed in the
    11  office of a district attorney of any county, or any corrections  officer
    12  of  the  county  of Erie department of corrections, or an advanced ambu-
    13  lance medical technician employed  by  the  county  of  Nassau,  or  any
    14  detention  officer  employed  by the city of Yonkers, or any supervising
    15  fire inspector, fire inspector, fire marshal or assistant  fire  marshal
    16  employed  full-time in the county of Nassau fire marshal's office, or at
    17  the option of [the] any county [of Nassau], any county probation officer
    18  [of the county of Nassau] who is injured in the performance  of  his  or
    19  her duties or who is taken sick as a result of the performance of his or
    20  her  duties so as to necessitate medical or other lawful remedial treat-
    21  ment shall be paid by the municipality by which he or  she  is  employed
    22  the  full  amount of his or her regular salary or wages until his or her
    23  disability arising therefrom has ceased, and, in addition  such  munici-
    24  pality  shall  be  liable  for  all  medical treatment and hospital care
    25  necessitated by reason of such injury or illness.    Provided,  however,
    26  and notwithstanding the foregoing provisions of this section, the munic-
    27  ipal  health  authorities  or any physician appointed for the purpose by
    28  the municipality, after a determination has first been  made  that  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00274-01-7

        A. 9667                             2
     1  injury  or sickness was incurred during, or resulted from, such perform-
     2  ance of duty, may attend any such injured  or  sick  [policeman]  police
     3  officer, from time to time, for the purpose of providing medical, surgi-
     4  cal  or  other treatment, or for making inspections and the municipality
     5  shall not be liable for salary or  wages  payable  to  such  [policeman]
     6  police  officer,  or  for the cost of medical treatment or hospital care
     7  furnished after such date as such health authorities or physician  shall
     8  certify  that such injured or sick [policeman] police officer has recov-
     9  ered and is physically able to perform his or her  regular  duties.  Any
    10  injured  or  sick  [policeman] police officer who shall refuse to accept
    11  medical treatment or hospital care or shall  refuse  to  permit  medical
    12  inspections  as  herein  authorized[, including examinations pursuant to
    13  subdivision two of this section,] shall be deemed to have waived his  or
    14  her  rights under this section in respect to expenses for medical treat-
    15  ment or hospital care rendered and for salary  or  wages  payable  after
    16  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 [policeman] police  officer,  a
    21  member  of  a  police force of any county, city, any such advanced ambu-
    22  lance medical technician, any such detention officer or any such  detec-
    23  tive-investigator or any other such investigator who is a police officer
    24  pursuant to the provisions of the criminal procedure law.
    25    §  2.  Subdivision 1 of section 207-c of the general municipal law, as
    26  amended by section 2 of chapter 522 of the laws of 2015, is  amended  to
    27  read as follows:
    28    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    29  the  sheriff's  department of any county or any member of a police force
    30  of any county, city  of  less  than  one  million  population,  town  or
    31  village,  or of any district, agency, board, body or commission thereof,
    32  or any LIRR police officer as defined in paragraph two of subdivision  a
    33  of  section three hundred eighty-nine of the retirement and social secu-
    34  rity law whose benefits are provided in and  pursuant  to  such  section
    35  three  hundred  eighty-nine,  or  a  detective-investigator or any other
    36  investigator who is a police officer pursuant to the provisions  of  the
    37  criminal  procedure law employed in the office of a district attorney of
    38  any county, or any corrections officer of the county of Erie  department
    39  of  corrections, or an advanced ambulance medical technician employed by
    40  the county of Nassau, or any detention officer employed by the  city  of
    41  Yonkers,  or  any  supervising  fire  inspector,  fire  inspector,  fire
    42  marshal, or assistant fire marshal employed full-time in the  county  of
    43  Nassau  fire  marshal's office, or at the option of [the] any county [of
    44  Nassau], any county probation officer [of the county of Nassau]  who  is
    45  injured  in the performance of his or her duties or who is taken sick as
    46  a result of the performance of his or her duties so  as  to  necessitate
    47  medical  or other lawful remedial treatment shall be paid by the munici-
    48  pality or The Long Island Rail Road  Company  by  which  he  or  she  is
    49  employed the full amount of his or her regular salary or wages from such
    50  employer  until his or her disability arising therefrom has ceased, and,
    51  in addition such municipality or The Long Island Rail Road Company shall
    52  be liable for all medical treatment and hospital  care  necessitated  by
    53  reason  of such injury or illness.  Provided, however, and notwithstand-
    54  ing the foregoing provisions of this section, the municipal or The  Long
    55  Island  Rail  Road Company health authorities or any physician appointed
    56  for the purpose by the municipality or The Long Island Rail Road  Compa-

        A. 9667                             3
     1  ny,  as  relevant,  after  a determination has first been made that such
     2  injury or sickness was incurred during, or resulted from, such  perform-
     3  ance  of  duty,  may  attend any such injured or sick [policeman] police
     4  officer, from time to time, for the purpose of providing medical, surgi-
     5  cal  or other treatment, or for making inspections, and the municipality
     6  or The Long Island Rail Road Company, as the case may be, shall  not  be
     7  liable  for  salary or wages payable to such [policeman] police officer,
     8  or for the cost of medical treatment or hospital  care  furnished  after
     9  such  date  as  such  health authorities or physician shall certify that
    10  such injured or sick [policeman] police officer  has  recovered  and  is
    11  physically  able  to  perform  his or her regular duties. Any injured or
    12  sick [policeman] police officer  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
    15  two of this section,] shall be deemed to have waived his or  her  rights
    16  under  this  section  in  respect  to  expenses for medical treatment or
    17  hospital care rendered and  for  salary  or  wages  payable  after  such
    18  refusal.
    19    Notwithstanding  any  provision  of law to the contrary, a provider of
    20  medical treatment or hospital care furnished pursuant to the  provisions
    21  of  this  section  shall not collect or attempt to collect reimbursement
    22  for such treatment or care from any such [policeman] police officer, any
    23  such advanced ambulance medical technician or any such  detention  offi-
    24  cer.
    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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