Bill Text: NY S02516 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides optional disability coverage for county probation officers.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-11-29 - VETOED MEMO.185 [S02516 Detail]
Download: New_York-2017-S02516-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2516 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ Introduced by Sens. GALLIVAN, ROBACH -- 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 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00274-01-7S. 2516 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] police 6 officer, from time to time, for the purpose of providing medical, surgi- 7 cal or other treatment, or for making inspections and the municipality 8 shall not be liable for salary or wages payable to such [policeman] 9 police officer, or for the cost of medical treatment or hospital care 10 furnished after such date as such health authorities or physician shall 11 certify that such injured or sick [policeman] police officer has recov- 12 ered and is physically able to perform his or her regular duties. Any 13 injured or sick [policeman] police officer who shall refuse to accept 14 medical treatment or hospital care or shall refuse to permit medical 15 inspections as herein authorized[, including examinations pursuant to16subdivision two of this section,] shall be deemed to have waived his or 17 her rights under this section in respect to expenses for medical treat- 18 ment or hospital care rendered and for salary or wages payable after 19 such refusal. 20 Notwithstanding any provision of law to the contrary, a provider of 21 medical treatment or hospital care furnished pursuant to the provisions 22 of this section shall not collect or attempt to collect reimbursement 23 for such treatment or care from any such [policeman] police officer, a 24 member of a police force of any county, city, any such advanced ambu- 25 lance medical technician, any such detention officer or any such detec- 26 tive-investigator or any other such investigator who is a police officer 27 pursuant to the provisions of the criminal procedure law. 28 § 2. Subdivision 1 of section 207-c of the general municipal law, as 29 amended by section 2 of chapter 522 of the laws of 2015, is amended to 30 read as follows: 31 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 32 the sheriff's department of any county or any member of a police force 33 of any county, city of less than one million population, town or 34 village, or of any district, agency, board, body or commission thereof, 35 or any LIRR police officer as defined in paragraph two of subdivision a 36 of section three hundred eighty-nine of the retirement and social secu- 37 rity law whose benefits are provided in and pursuant to such section 38 three hundred eighty-nine, or a detective-investigator or any other 39 investigator who is a police officer pursuant to the provisions of the 40 criminal procedure law employed in the office of a district attorney of 41 any county, or any corrections officer of the county of Erie department 42 of corrections, or an advanced ambulance medical technician employed by 43 the county of Nassau, or any detention officer employed by the city of 44 Yonkers, or any supervising fire inspector, fire inspector, fire 45 marshal, or assistant fire marshal employed full-time in the county of 46 Nassau fire marshal's office, or at the option of [the] any county [of47Nassau], any county probation officer [of the county of Nassau] who is 48 injured in the performance of his or her duties or who is taken sick as 49 a result of the performance of his or her duties so as to necessitate 50 medical or other lawful remedial treatment shall be paid by the munici- 51 pality or The Long Island Rail Road Company by which he or she is 52 employed the full amount of his or her regular salary or wages from such 53 employer until his or her disability arising therefrom has ceased, and, 54 in addition such municipality or The Long Island Rail Road Company shall 55 be liable for all medical treatment and hospital care necessitated by 56 reason of such injury or illness. Provided, however, and notwithstand-S. 2516 3 1 ing the foregoing provisions of this section, the municipal or The Long 2 Island Rail Road Company health authorities or any physician appointed 3 for the purpose by the municipality or The Long Island Rail Road Compa- 4 ny, as relevant, after a determination has first been made that such 5 injury or sickness was incurred during, or resulted from, such perform- 6 ance of duty, may attend any such injured or sick [policeman] police 7 officer, from time to time, for the purpose of providing medical, surgi- 8 cal or other treatment, or for making inspections, and the municipality 9 or The Long Island Rail Road Company, as the case may be, shall not be 10 liable for salary or wages payable to such [policeman] police officer, 11 or for the cost of medical treatment or hospital care furnished after 12 such date as such health authorities or physician shall certify that 13 such injured or sick [policeman] police officer has recovered and is 14 physically able to perform his or her regular duties. Any injured or 15 sick [policeman] police officer who shall refuse to accept medical 16 treatment or hospital care or shall refuse to permit medical inspections 17 as herein authorized[, including examinations pursuant to subdivision18two of this section,] shall be deemed to have waived his or her rights 19 under this section in respect to expenses for medical treatment or 20 hospital care rendered and for salary or wages payable after such 21 refusal. 22 Notwithstanding any provision of law to the contrary, a provider of 23 medical treatment or hospital care furnished pursuant to the provisions 24 of this section shall not collect or attempt to collect reimbursement 25 for such treatment or care from any such [policeman] police officer, any 26 such advanced ambulance medical technician or any such detention offi- 27 cer. 28 § 3. This act shall take effect immediately; provided, that the amend- 29 ments to subdivision 1 of section 207-c of the general municipal law 30 made by section one of this act shall be subject to the expiration and 31 reversion of such subdivision pursuant to section 7 of chapter 628 of 32 the laws of 1991, as amended, when upon such date the provisions of 33 section two of this act shall take effect.