Bill Text: NY S02034 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes a dangerous employment benefit of five hundred thousand dollars for law enforcement officers who become seriously physically or mentally incapacitated or dies as the result of an injury, sustained in the performance or discharge of duties or as the natural and proximate result of an incident that occurred during such performance of duties.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S02034 Detail]

Download: New_York-2021-S02034-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2034

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 19, 2021
                                       ___________

        Introduced  by Sens. AKSHAR, BORRELLO, BOYLE, GALLIVAN, GRIFFO, HELMING,
          JORDAN, LANZA, O'MARA, ORTT, RITCHIE, SERINO, TEDISCO  --  read  twice
          and ordered printed, and when printed to be committed to the Committee
          on Civil Service and Pensions

        AN  ACT  to amend the retirement and social security law, in relation to
          establishing a dangerous employment benefit for law enforcement  offi-
          cers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 65 to read as follows:
     3    § 65. Dangerous  employment  benefit;  law  enforcement  officers.  a.
     4  Notwithstanding  the  provisions of any other law to the contrary, every
     5  law enforcement officer employed within the state shall receive  a  five
     6  hundred  thousand  dollar  dangerous  employment  benefit  if  he or she
     7  becomes seriously physically or mentally incapacitated or  dies  as  the
     8  result of an injury, sustained in the performance or discharge of duties
     9  or  as  the  natural  and  proximate result of an incident that occurred
    10  during such performance of duties.
    11    b. Law enforcement officer shall mean:
    12    1. A sworn member of the division of state police;
    13    2. Sheriffs, under-sheriffs, deputy sheriffs or  corrections  officers
    14  of counties outside of the city of New York;
    15    3.  A  sworn  officer of an authorized county or county parkway police
    16  department;
    17    4. A sworn officer of an authorized police department or  force  of  a
    18  city, town, village or police district;
    19    5.  A sworn officer of an authorized police department of an authority
    20  or a sworn officer of the state regional park police in  the  office  of
    21  parks and recreation;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02240-01-1

        S. 2034                             2

     1    6. A sworn officer of the capital police force of the office of gener-
     2  al services;
     3    7. An investigator employed in the office of a district attorney;
     4    8.  An  investigator employed by a commission created by an interstate
     5  compact who is, to a substantial extent, engaged in the  enforcement  of
     6  the criminal laws of this state;
     7    9.  The  chief and deputy fire marshals, the supervising fire marshals
     8  and the fire marshals of the bureau of fire  investigation  of  the  New
     9  York city fire department;
    10    10.  A sworn officer of the division of law enforcement in the depart-
    11  ment of environmental conservation;
    12    11. A sworn officer of a police force of a public authority created by
    13  an interstate compact;
    14    12. Long Island railroad police;
    15    13. A special investigator employed in the statewide  organized  crime
    16  task  force,  while  performing  his  or her assigned duties pursuant to
    17  section seventy-a of the executive law;
    18    14. A sworn officer of the Westchester  county  department  of  public
    19  safety  services  who,  on  or prior to June thirtieth, nineteen hundred
    20  seventy-nine was appointed as a sworn officer of the division  of  West-
    21  chester  county  parkway  police  or  who was appointed on or after July
    22  first, nineteen hundred seventy-nine to the  title  of  police  officer,
    23  sergeant,  lieutenant, captain or inspector or who, on or prior to Janu-
    24  ary thirty-first, nineteen hundred  eighty-three,  was  appointed  as  a
    25  Westchester county deputy sheriff;
    26    15. A sworn officer of the water-supply police employed by the city of
    27  New  York,  appointed to protect the sources, works, and transmission of
    28  water supplied to the city of New York, and to protect persons on or  in
    29  the vicinity of such water sources, works, and transmission;
    30    16.  Persons appointed as railroad police officers pursuant to section
    31  eighty-eight of the railroad law;
    32    17. An employee of the department of taxation and finance (i) assigned
    33  to enforcement of the taxes imposed under or pursuant to  the  authority
    34  of  article twelve-A of the tax law and administered by the commissioner
    35  of taxation and finance, taxes imposed under or pursuant to the authori-
    36  ty of article eighteen of the tax law and administered  by  the  commis-
    37  sioner,  taxes  imposed under article twenty of the tax law, or sales or
    38  compensating use taxes relating  to  petroleum  products  or  cigarettes
    39  imposed under article twenty-eight or pursuant to the authority of arti-
    40  cle  twenty-nine  of the tax law and administered by the commissioner or
    41  (ii) designated as a revenue  crimes  specialist  and  assigned  to  the
    42  enforcement  of the taxes described in paragraph (c) of subdivision four
    43  of section 2.10 of the criminal procedure law, for the purpose of apply-
    44  ing for and executing search warrants under article six  hundred  ninety
    45  of  the  criminal procedure law, for the purpose of acting as a claiming
    46  agent under article thirteen-A of the civil practice law  and  rules  in
    47  connection  with  the enforcement of the taxes referred to above and for
    48  the purpose of executing warrants of arrest relating to  the  respective
    49  crimes  specified  in  subdivision  four of section 2.10 of the criminal
    50  procedure law;
    51    18. Any employee of the Suffolk county  department  of  parks  who  is
    52  appointed as a Suffolk county park police officer;
    53    19.  A  university  police  officer  appointed by the state university
    54  pursuant to paragraph l of subdivision  two  of  section  three  hundred
    55  fifty-five of the education law;

        S. 2034                             3

     1    20.  A sworn officer of the department of public safety of the Buffalo
     2  municipal housing authority who has achieved or been granted the  status
     3  of sworn police officer and has been certified by the division of crimi-
     4  nal justice services as successfully completing an approved basic course
     5  for police officers;
     6    21.  Persons  appointed  as Indian police officers pursuant to section
     7  one hundred fourteen of the Indian law;
     8    22. Supervisor of forest  ranger  services;  assistant  supervisor  of
     9  forest  ranger services; forest ranger 3; forest ranger 2; forest ranger
    10  1 employed by the state  department  of  environmental  conservation  or
    11  sworn  officer  of the division of forest protection and fire management
    12  in the department of environmental  conservation  responsible  for  wild
    13  land  search  and  rescue,  wild  land  fire  management in the state as
    14  prescribed in subdivision eighteen of section 9-0105 and title eleven of
    15  article nine of the environmental  conservation  law,  exercising  care,
    16  custody  and  control  of  state lands administered by the department of
    17  environmental conservation.
    18    23. Uniformed personnel in institutions under the jurisdiction of  the
    19  department of corrections and community supervision.
    20    c.  The  dangerous  employment  benefit shall not be diminished by any
    21  other benefit such individual or his or her beneficiary would  be  enti-
    22  tled to receive.
    23    §  2.  Section  50  of  the  legislative  law  shall  not apply to the
    24  provisions of this act.
    25    § 3. This act shall take effect immediately.
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