Bill Text: NY S00297 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 297 (Prior Session Legislation)

Introduced

Bill Title: Provides that municipalities must provide substance and alcohol abuse counseling and treatment for police officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S00297 Detail]

Download: New_York-2013-S00297-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          297
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  DIAZ  --  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 requiring that
         any municipality having a police department or police  district  shall
         provide substance abuse and alcohol abuse counseling and treatment for
         its police officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general municipal  law  is  amended  by  adding  a  new
    2  section 209-ff to read as follows:
    3    S  209-FF.  SUBSTANCE  AND  ALCOHOL ABUSE COUNSELING AND TREATMENT FOR
    4  POLICE OFFICERS. 1. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR CHARTER
    5  TO THE CONTRARY, EVERY MUNICIPALITY WHICH HAS  A  POLICE  DEPARTMENT  OR
    6  POLICE  DISTRICT  SHALL  PROVIDE SUBSTANCE ABUSE AND ALCOHOL ABUSE COUN-
    7  SELING AND TREATMENT FOR POLICE OFFICERS EMPLOYED BY  SUCH  MUNICIPALITY
    8  UPON  APPLICATION  BY ANY SUCH OFFICER FOR SUCH TREATMENT. IF SUCH COUN-
    9  SELING OR TREATMENT IS PROVIDED BY A PERSON OR ORGANIZATION WHICH IS NOT
   10  PART OF THE MUNICIPAL GOVERNMENT, THE APPLYING POLICE OFFICER  MUST  USE
   11  ANY HEALTH INSURANCE WHICH HE OR SHE HAS TO COVER THE COST OF SUCH COUN-
   12  SELING OR TREATMENT SO FAR AS IS POSSIBLE. ANY COSTS NOT COVERED BY SUCH
   13  INSURANCE SHALL BE PAID BY THE MUNICIPALITY.
   14    2.  EMPLOYERS, LABORATORIES AND THE AGENTS THEREOF WHO RECEIVE OR HAVE
   15  ACCESS TO INFORMATION CONCERNING COUNSELING OR  TREATMENT  OF  A  POLICE
   16  OFFICER FOR SUBSTANCE ABUSE OR ALCOHOL ABUSE SHALL KEEP SUCH INFORMATION
   17  CONFIDENTIAL.  EXCEPT WHERE THE RELEASE OF SUCH INFORMATION IS COMPELLED
   18  BY SUBPOENA OR COURT ORDER, AND SUCH INFORMATION SHALL BE RELEASED  ONLY
   19  UPON WRITTEN CONSENT VOLUNTARILY EXECUTED BY THE EMPLOYEE.
   20    3. NOTHING IN THIS SUBDIVISION SHALL SUPERCEDE ANY COLLECTIVE BARGAIN-
   21  ING  AGREEMENT  IN  EFFECT  ON  THE  EFFECTIVE  DATE OF THIS SECTION. NO
   22  COLLECTIVE BARGAINING AGREEMENT MADE AFTER THE EFFECTIVE  DATE  OF  THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00500-01-3
       S. 297                              2
    1  SECTION  SHALL  NEGATE  THE  PROVISIONS  OF  THIS SUBDIVISION, NOR SHALL
    2  ANYTHING IN THIS SECTION PROHIBIT, AS A SUBJECT OF  COLLECTIVE  BARGAIN-
    3  ING,  THE  ESTABLISHMENT  OF  A PROGRAM WHICH COMPLIES WITH THE TERMS OF
    4  THIS SUBDIVISION.
    5    S  2. This act shall take effect on the first of January next succeed-
    6  ing the date on which it shall have become a law.