Bill Text: NY A00473 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-06-19 - substituted by s2516 [A00473 Detail]

Download: New_York-2017-A00473-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           473
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A. PAULIN, OTIS, LAWRENCE, COOK, CROUCH, HOOPER,
          McDONOUGH -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00274-01-7
        A. 473                              2
     1  necessitated by reason of such injury or illness.    Provided,  however,
     2  and notwithstanding the foregoing provisions of this section, the munic-
     3  ipal  health  authorities  or any physician appointed for the purpose by
     4  the  municipality,  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  shall  not  be  liable  for  salary or wages payable to such [policeman]
    10  police officer, or for the cost of medical treatment  or  hospital  care
    11  furnished  after such date as such health authorities or physician shall
    12  certify that such injured or sick [policeman] police officer has  recov-
    13  ered  and  is  physically able to perform his or her regular duties. Any
    14  injured or sick [policeman] police officer who shall  refuse  to  accept
    15  medical  treatment  or  hospital  care or shall refuse to permit medical
    16  inspections as herein authorized[, including  examinations  pursuant  to
    17  subdivision  two of this section,] shall be deemed to have waived his or
    18  her rights under this section in respect to expenses for medical  treat-
    19  ment  or  hospital  care  rendered and for salary or wages payable after
    20  such refusal.
    21    Notwithstanding any provision of law to the contrary,  a  provider  of
    22  medical  treatment or hospital care furnished pursuant to the provisions
    23  of this section shall not collect or attempt  to  collect  reimbursement
    24  for  such  treatment or care from any such [policeman] police officer, a
    25  member of a police force of any county, city, any  such  advanced  ambu-
    26  lance  medical technician, any such detention officer or any such detec-
    27  tive-investigator or any other such investigator who is a police officer
    28  pursuant to the provisions of the criminal procedure law.
    29    § 2. Subdivision 1 of section 207-c of the general municipal  law,  as
    30  amended  by  section 2 of chapter 522 of the laws of 2015, is amended to
    31  read as follows:
    32    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    33  the sheriff's department of any county or any member of a  police  force
    34  of  any  county,  city  of  less  than  one  million population, town or
    35  village, or of any district, agency, board, body or commission  thereof,
    36  or  any LIRR police officer as defined in paragraph two of subdivision a
    37  of section three hundred eighty-nine of the retirement and social  secu-
    38  rity  law  whose  benefits  are provided in and pursuant to such section
    39  three hundred eighty-nine, or  a  detective-investigator  or  any  other
    40  investigator  who  is a police officer pursuant to the provisions of the
    41  criminal procedure law employed in the office of a district attorney  of
    42  any  county, or any corrections officer of the county of Erie department
    43  of corrections, or an advanced ambulance medical technician employed  by
    44  the  county  of Nassau, or any detention officer employed by the city of
    45  Yonkers,  or  any  supervising  fire  inspector,  fire  inspector,  fire
    46  marshal,  or  assistant fire marshal employed full-time in the county of
    47  Nassau fire marshal's office, or at the option of [the] any  county  [of
    48  Nassau],  any  county probation officer [of the county of Nassau] who is
    49  injured in the performance of his or her duties or who is taken sick  as
    50  a  result  of  the performance of his or her duties so as to necessitate
    51  medical or other lawful remedial treatment shall be paid by the  munici-
    52  pality  or  The  Long  Island  Rail  Road  Company by which he or she is
    53  employed the full amount of his or her regular salary or wages from such
    54  employer until his or her disability arising therefrom has ceased,  and,
    55  in addition such municipality or The Long Island Rail Road Company shall
    56  be  liable  for  all medical treatment and hospital care necessitated by
        A. 473                              3
     1  reason of such injury or illness.  Provided, however, and  notwithstand-
     2  ing  the foregoing provisions of this section, the municipal or The Long
     3  Island Rail Road Company health authorities or any  physician  appointed
     4  for  the purpose by the municipality or The Long Island Rail Road Compa-
     5  ny, as relevant, after a determination has first  been  made  that  such
     6  injury  or sickness was incurred during, or resulted from, such perform-
     7  ance of duty, may attend any such injured  or  sick  [policeman]  police
     8  officer, from time to time, for the purpose of providing medical, surgi-
     9  cal  or other treatment, or for making inspections, and the municipality
    10  or The Long Island Rail Road Company, as the case may be, shall  not  be
    11  liable  for  salary or wages payable to such [policeman] police officer,
    12  or for the cost of medical treatment or hospital  care  furnished  after
    13  such  date  as  such  health authorities or physician shall certify that
    14  such injured or sick [policeman] police officer  has  recovered  and  is
    15  physically  able  to  perform  his or her regular duties. Any injured or
    16  sick [policeman] police officer  who  shall  refuse  to  accept  medical
    17  treatment or hospital care or shall refuse to permit medical inspections
    18  as  herein  authorized[,  including examinations pursuant to subdivision
    19  two of this section,] shall be deemed to have waived his or  her  rights
    20  under  this  section  in  respect  to  expenses for medical treatment or
    21  hospital care rendered and  for  salary  or  wages  payable  after  such
    22  refusal.
    23    Notwithstanding  any  provision  of law to the contrary, a provider of
    24  medical treatment or hospital care furnished pursuant to the  provisions
    25  of  this  section  shall not collect or attempt to collect reimbursement
    26  for such treatment or care from any such [policeman] police officer, any
    27  such advanced ambulance medical technician or any such  detention  offi-
    28  cer.
    29    § 3. This act shall take effect immediately; provided, that the amend-
    30  ments  to  subdivision  1  of section 207-c of the general municipal law
    31  made by section one of this act shall be subject to the  expiration  and
    32  reversion  of  such  subdivision pursuant to section 7 of chapter 628 of
    33  the laws of 1991, as amended, when upon  such  date  the  provisions  of
    34  section two of this act shall take effect.