Bill Text: NY S00366 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S00366 Detail]

Download: New_York-2023-S00366-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           366

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  GALLIVAN,  HARCKHAM,  BORRELLO  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Local Government

        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00102-01-3
        S. 366                              2

     1  pality  or  The  Long  Island  Rail  Road  Company by which he or she is
     2  employed the full amount of his or her regular salary or wages from such
     3  employer until his or her disability arising therefrom has ceased,  and,
     4  in addition such municipality or The Long Island Rail Road Company shall
     5  be  liable  for  all medical treatment and hospital care necessitated by
     6  reason of such injury or illness. Provided, however, and notwithstanding
     7  the foregoing provisions of this section,  the  municipal  or  The  Long
     8  Island  Rail  Road Company health authorities or any physician appointed
     9  for the purpose by the municipality or The Long Island Rail Road  Compa-
    10  ny,  as  relevant,  after  a determination has first been made that such
    11  injury or sickness was incurred during, or resulted from, such  perform-
    12  ance  of  duty, may attend any such injured or sick police officer, from
    13  time to time, for the purpose of providing medical,  surgical  or  other
    14  treatment,  or  for making inspections, and the municipality or The Long
    15  Island Rail Road Company, as the case may be, shall not  be  liable  for
    16  salary  or  wages  payable  to  such  police officer, or for the cost of
    17  medical treatment or hospital care furnished after  such  date  as  such
    18  health  authorities or physician shall certify that such injured or sick
    19  police officer has recovered and is physically able to  perform  his  or
    20  her  regular duties. Any injured or sick police officer who shall refuse
    21  to accept medical treatment or hospital care or shall refuse  to  permit
    22  medical  inspections as herein authorized, including examinations pursu-
    23  ant to subdivision two of this section, shall be deemed to  have  waived
    24  his  or her rights under this section in respect to expenses for medical
    25  treatment or hospital care rendered and  for  salary  or  wages  payable
    26  after such refusal.
    27    Notwithstanding  any  provision  of law to the contrary, a provider of
    28  medical treatment or hospital care furnished pursuant to the  provisions
    29  of  this  section  shall not collect or attempt to collect reimbursement
    30  for such treatment or care  from  any  such  police  officer,  any  such
    31  advanced ambulance medical technician or any such detention officer.
    32    §  2.  Subdivision 1 of section 207-c of the general municipal law, as
    33  amended by section 56 of chapter 476 of the laws of 2018, is amended  to
    34  read as follows:
    35    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    36  the  sheriff's  department  of  any county (hereinafter referred to as a
    37  "police officer") or any member of a police force of any county, city of
    38  less than one million population, town or village, or of  any  district,
    39  agency,  board,  body or commission thereof, or a detective-investigator
    40  or any other investigator who  is  a  police  officer  pursuant  to  the
    41  provisions  of  the  criminal  procedure law employed in the office of a
    42  district attorney of any county, or any corrections officer of the coun-
    43  ty of Erie department of corrections, or an advanced  ambulance  medical
    44  technician  employed  by  the county of Nassau, or any detention officer
    45  employed by the city of Yonkers, or any supervising fire inspector, fire
    46  inspector, fire marshal or assistant fire marshal employed full-time  in
    47  the  county  of  Nassau fire marshal's office, or at the option of [the]
    48  any county [of Nassau], any county probation officer [of the  county  of
    49  Nassau] who is injured in the performance of his or her duties or who is
    50  taken  sick as a result of the performance of his or her duties so as to
    51  necessitate medical or other lawful remedial treatment shall be paid  by
    52  the  municipality  by which he or she is employed the full amount of his
    53  or her regular salary or wages until his or her disability arising ther-
    54  efrom has ceased, and, in addition such municipality shall be liable for
    55  all medical treatment and hospital care necessitated by reason  of  such
    56  injury  or illness. Provided, however, and notwithstanding the foregoing
        S. 366                              3

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