Bill Text: NY A03106 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the payment of regular wages to bay constables employed by the town of Hempstead, Nassau county, who have sustained injuries or illnesses in the line of duty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2024-01-03 - referred to governmental employees [A03106 Detail]
Download: New_York-2023-A03106-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3106 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. E. BROWN -- read once and referred to the Commit- tee on Governmental Employees AN ACT to amend the general municipal law, in relation to providing coverage for injuries while in the line of duty by bay constables in the town of Hempstead, Nassau county 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 county of Nassau, 20 any probation officer of the county of Nassau, or any director of bay 21 constables, assistant director of bay constables, bay constable II, or 22 bay constable employed by the department of conservation and waterways 23 in the town of Hempstead, county of Nassau, who is injured in the 24 performance of his or her duties or who is taken sick as a result of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03578-01-3A. 3106 2 1 performance of his or her duties so as to necessitate medical or other 2 lawful remedial treatment shall be paid by the municipality or The Long 3 Island Rail Road Company by which he or she is employed the full amount 4 of his or her regular salary or wages from such employer until his or 5 her disability arising therefrom has ceased, and, in addition such muni- 6 cipality or The Long Island Rail Road Company shall be liable for all 7 medical treatment and hospital care necessitated by reason of such inju- 8 ry or illness. Provided, however, and notwithstanding the foregoing 9 provisions of this section, the municipal or The Long Island Rail Road 10 Company health authorities or any physician appointed for the purpose by 11 the municipality or The Long Island Rail Road Company, as relevant, 12 after a determination has first been made that such injury or sickness 13 was incurred during, or resulted from, such performance of duty, may 14 attend any such injured or sick police officer, from time to time, for 15 the purpose of providing medical, surgical or other treatment, or for 16 making inspections, and the municipality or The Long Island Rail Road 17 Company, as the case may be, shall not be liable for salary or wages 18 payable to such police officer, or for the cost of medical treatment or 19 hospital care furnished after such date as such health authorities or 20 physician shall certify that such injured or sick police officer has 21 recovered and is physically able to perform his or her regular duties. 22 Any injured or sick police officer who shall refuse to accept medical 23 treatment or hospital care or shall refuse to permit medical inspections 24 as [herein] authorized in this section, including examinations pursuant 25 to subdivision two of this section, shall be deemed to have waived his 26 or her rights under this section in respect to expenses for medical 27 treatment or hospital care rendered and for salary or wages payable 28 after such refusal. 29 Notwithstanding any provision of law to the contrary, a provider of 30 medical treatment or hospital care furnished pursuant to the provisions 31 of this section shall not collect or attempt to collect reimbursement 32 for such treatment or care from any such police officer, any such 33 advanced ambulance medical technician or any such detention officer. 34 § 2. Subdivision 1 of section 207-c of the general municipal law, as 35 amended by section 56 of chapter 476 of the laws of 2018, is amended to 36 read as follows: 37 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 38 the sheriff's department of any county (hereinafter referred to as a 39 "police officer") or any member of a police force of any county, city of 40 less than one million population, town or village, or of any district, 41 agency, board, body or commission thereof, or a detective-investigator 42 or any other investigator who is a police officer pursuant to the 43 provisions of the criminal procedure law employed in the office of a 44 district attorney of any county, or any corrections officer of the coun- 45 ty of Erie department of corrections, or an advanced ambulance medical 46 technician employed by the county of Nassau, or any detention officer 47 employed by the city of Yonkers, or any supervising fire inspector, fire 48 inspector, fire marshal or assistant fire marshal employed full-time in 49 the county of Nassau fire marshal's office, or at the option of the 50 county of Nassau, any probation officer of the county of Nassau, or any 51 director of bay constables, assistant director of bay constables, bay 52 constable II, or bay constable employed by the department of conserva- 53 tion and waterways in the town of Hempstead, county of Nassau, who is 54 injured in the performance of his or her duties or who is taken sick as 55 a result of the performance of his or her duties so as to necessitate 56 medical or other lawful remedial treatment shall be paid by the munici-A. 3106 3 1 pality by which he or she is employed the full amount of his or her 2 regular salary or wages until his or her disability arising therefrom 3 has ceased, and, in addition such municipality shall be liable for all 4 medical treatment and hospital care necessitated by reason of such inju- 5 ry or illness. Provided, however, and notwithstanding the foregoing 6 provisions of this section, the municipal health authorities or any 7 physician appointed for the purpose by the municipality, after a deter- 8 mination has first been made that such injury or sickness was incurred 9 during, or resulted from, such performance of duty, may attend any such 10 injured or sick police officer, from time to time, for the purpose of 11 providing medical, surgical or other treatment, or for making 12 inspections and the municipality shall not be liable for salary or wages 13 payable to such police officer, or for the cost of medical treatment or 14 hospital care furnished after such date as such health authorities or 15 physician shall certify that such injured or sick police officer has 16 recovered and is physically able to perform his or her regular duties. 17 Any injured or sick police officer who shall refuse to accept medical 18 treatment or hospital care or shall refuse to permit medical inspections 19 as [herein] authorized in this section, including examinations pursuant 20 to subdivision two of this section, shall be deemed to have waived his 21 or her rights under this section in respect to expenses for medical 22 treatment or hospital care rendered and for salary or wages payable 23 after such refusal. 24 Notwithstanding any provision of law to the contrary, a provider of 25 medical treatment or hospital care furnished pursuant to the provisions 26 of this section shall not collect or attempt to collect reimbursement 27 for such treatment or care from any such police officer, a member of a 28 police force of any county, city, any such advanced ambulance medical 29 technician, any such detention officer or any such detective-investiga- 30 tor or any other such investigator who is a police officer pursuant to 31 the provisions of the criminal procedure law. 32 § 3. This act shall take effect immediately; provided, however, that 33 the amendments to subdivision 1 of section 207-c of the general munici- 34 pal law made by section two of this act shall take effect on the same 35 date and in the same manner as chapter 628 of the laws of 1991, takes 36 effect.
