Bill Text: NY A02556 | 2011-2012 | General Assembly | Introduced


Bill Title: Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A02556 Detail]

Download: New_York-2011-A02556-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2556
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Local Governments
       AN ACT to amend the general municipal law,  in  relation  to  disability
         coverage for detention officers employed by the city of Yonkers
         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  3 of chapter 675 of the laws of 1997, 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") or any member of a police force of any county, city of less
    7  than  one million population, town or village, or of any district, agen-
    8  cy, board, body or commission thereof, or  a  detective-investigator  or
    9  any  other  investigator  who  is  a  police  officer  pursuant  to  the
   10  provisions of the criminal procedure law employed in  the  office  of  a
   11  district attorney of any county, or any corrections officer of the coun-
   12  ty  of  Erie department of corrections, or an advanced ambulance medical
   13  technician employed by the county of Nassau, OR  ANY  DETENTION  OFFICER
   14  EMPLOYED BY THE CITY OF YONKERS, or any supervising fire inspector, fire
   15  inspector,  fire marshal or assistant fire marshal employed full-time in
   16  the county of Nassau fire marshal's office, or  at  the  option  of  the
   17  county  of  Nassau, any probation officer of the county of Nassau who is
   18  injured in the performance of his duties or  who  is  taken  sick  as  a
   19  result  of the performance of his duties so as to necessitate medical or
   20  other lawful remedial treatment shall be paid  by  the  municipality  by
   21  which  he  is  employed  the  full amount of his regular salary or wages
   22  until his disability arising therefrom has ceased, and, in addition such
   23  municipality shall be liable for all medical treatment and hospital care
   24  necessitated by reason of such injury or illness.    Provided,  however,
   25  and notwithstanding the foregoing provisions of this section, the munic-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02762-01-1
       A. 2556                             2
    1  ipal  health  authorities  or any physician appointed for the purpose by
    2  the municipality, after a determination has first been  made  that  such
    3  injury  or sickness was incurred during, or resulted from, such perform-
    4  ance  of  duty, may attend any such injured or sick policeman, from time
    5  to time, for the purpose of providing medical, surgical or other  treat-
    6  ment, or for making inspections and the municipality shall not be liable
    7  for  salary  or  wages  payable  to  such  policeman, or for the cost of
    8  medical treatment or hospital care furnished after  such  date  as  such
    9  health  authorities or physician shall certify that such injured or sick
   10  policeman has recovered and is physically able to  perform  his  regular
   11  duties. Any injured or sick policeman who shall refuse to accept medical
   12  treatment or hospital care or shall refuse to permit medical inspections
   13  as herein authorized, including examinations pursuant to subdivision two
   14  of  this  section,  shall be deemed to have waived his rights under this
   15  section in respect to expenses for medical treatment  or  hospital  care
   16  rendered and for salary or wages payable after 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, a member of a police
   21  force of any county, city, any such advanced ambulance  medical  techni-
   22  cian,  ANY  SUCH DETENTION OFFICER or any such detective-investigator or
   23  any other such investigator who is a  police  officer  pursuant  to  the
   24  provisions of the criminal procedure law.
   25    S  2.  Subdivision 1 of section 207-c of the general municipal law, as
   26  amended by section 4 of chapter 675 of the laws of 1997, 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 county of Nassau,
   44  any probation officer of the county of Nassau  who  is  injured  in  the
   45  performance  of  his  duties  or  who  is  taken sick as a result of the
   46  performance of his duties so as to necessitate medical or  other  lawful
   47  remedial  treatment shall be paid by the municipality or The Long Island
   48  Rail Road Company by which he is employed the full amount of his regular
   49  salary or wages from such employer until his disability  arising  there-
   50  from  has  ceased, and, in addition such municipality or The Long Island
   51  Rail Road Company shall be liable for all medical treatment and hospital
   52  care necessitated by reason of such injury or illness.  Provided, howev-
   53  er, and notwithstanding the foregoing provisions of  this  section,  the
   54  municipal or The Long Island Rail Road Company health authorities or any
   55  physician  appointed  for  the  purpose  by the municipality or The Long
   56  Island Rail Road Company, as relevant, after a determination  has  first
       A. 2556                             3
    1  been  made that such injury or sickness was incurred during, or resulted
    2  from, such performance of duty, may attend  any  such  injured  or  sick
    3  policeman,  from  time  to  time,  for the purpose of providing medical,
    4  surgical  or other treatment, or for making inspections, and the munici-
    5  pality or The Long Island Rail Road Company, as the case may  be,  shall
    6  not  be liable for salary or wages payable to such policeman, or for the
    7  cost of medical treatment or hospital care furnished after such date  as
    8  such  health authorities or physician shall certify that such injured or
    9  sick policeman has recovered and is physically able to perform his regu-
   10  lar duties. Any injured or sick policeman 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
   14  rights under this section in respect to expenses for  medical  treatment
   15  or  hospital  care  rendered  and for salary or wages payable after such
   16  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 [or], any such
   21  advanced ambulance medical technician OR ANY SUCH DETENTION OFFICER.
   22    S 3. This act shall take effect immediately, provided that section one
   23  of this act shall expire and be deemed repealed on the same date as  the
   24  amendments  to  subdivision  1 of section 207-c of the general municipal
   25  law, made by section 1 of chapter 628 of the laws of 1991, take  effect,
   26  when upon such date section two of this act shall take effect.
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