Bill Text: NY S02516 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Vetoed) 2017-11-29 - VETOED MEMO.185 [S02516 Detail]

Download: New_York-2017-S02516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2516
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by Sens. GALLIVAN, ROBACH -- 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 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
    25  necessitated  by  reason  of such injury or illness.  Provided, however,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00274-01-7
        S. 2516                             2
     1  and notwithstanding the foregoing provisions of this section, the munic-
     2  ipal health authorities or any physician appointed for  the  purpose  by
     3  the  municipality,  after  a determination has first been made that such
     4  injury  or sickness was incurred during, or resulted from, such perform-
     5  ance of duty, may attend any such injured  or  sick  [policeman]  police
     6  officer, from time to time, for the purpose of providing medical, surgi-
     7  cal  or  other treatment, or for making inspections and the municipality
     8  shall not be liable for salary or  wages  payable  to  such  [policeman]
     9  police  officer,  or  for the cost of medical treatment or hospital care
    10  furnished after such date as such health authorities or physician  shall
    11  certify  that such injured or sick [policeman] police officer has recov-
    12  ered and is physically able to perform his or her  regular  duties.  Any
    13  injured  or  sick  [policeman] police officer who shall refuse to accept
    14  medical treatment or hospital care or shall  refuse  to  permit  medical
    15  inspections  as  herein  authorized[, including examinations pursuant to
    16  subdivision two of this section,] shall be deemed to have waived his  or
    17  her  rights under this section in respect to expenses for medical treat-
    18  ment or hospital care rendered and for salary  or  wages  payable  after
    19  such refusal.
    20    Notwithstanding  any  provision  of law to the contrary, a provider of
    21  medical treatment or hospital care furnished pursuant to the  provisions
    22  of  this  section  shall not collect or attempt to collect reimbursement
    23  for such treatment or care from any such [policeman] police  officer,  a
    24  member  of  a  police force of any county, city, any such advanced ambu-
    25  lance medical technician, any such detention officer or any such  detec-
    26  tive-investigator or any other such investigator who is a police officer
    27  pursuant to the provisions of the criminal procedure law.
    28    §  2.  Subdivision 1 of section 207-c of the general municipal law, as
    29  amended by section 2 of chapter 522 of the laws of 2015, is  amended  to
    30  read as follows:
    31    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    32  the  sheriff's  department of any county or any member of a police force
    33  of any county, city  of  less  than  one  million  population,  town  or
    34  village,  or of any district, agency, board, body or commission thereof,
    35  or any LIRR police officer as defined in paragraph two of subdivision  a
    36  of  section three hundred eighty-nine of the retirement and social secu-
    37  rity law whose benefits are provided in and  pursuant  to  such  section
    38  three  hundred  eighty-nine,  or  a  detective-investigator or any other
    39  investigator who is a police officer pursuant to the provisions  of  the
    40  criminal  procedure law employed in the office of a district attorney of
    41  any county, or any corrections officer of the county of Erie  department
    42  of  corrections, or an advanced ambulance medical technician employed by
    43  the county of Nassau, or any detention officer employed by the  city  of
    44  Yonkers,  or  any  supervising  fire  inspector,  fire  inspector,  fire
    45  marshal, or assistant fire marshal employed full-time in the  county  of
    46  Nassau  fire  marshal's office, or at the option of [the] any county [of
    47  Nassau], any county probation officer [of the county of Nassau]  who  is
    48  injured  in the performance of his or her duties or who is taken sick as
    49  a result of the performance of his or her duties so  as  to  necessitate
    50  medical  or other lawful remedial treatment shall be paid by the munici-
    51  pality or The Long Island Rail Road  Company  by  which  he  or  she  is
    52  employed the full amount of his or her regular salary or wages from such
    53  employer  until his or her disability arising therefrom has ceased, and,
    54  in addition such municipality or The Long Island Rail Road Company shall
    55  be liable for all medical treatment and hospital  care  necessitated  by
    56  reason  of such injury or illness.  Provided, however, and notwithstand-
        S. 2516                             3
     1  ing the foregoing provisions of this section, the municipal or The  Long
     2  Island  Rail  Road Company health authorities or any physician appointed
     3  for the purpose by the municipality or The Long Island Rail Road  Compa-
     4  ny,  as  relevant,  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  or  The  Long Island Rail Road Company, as the case may be, shall not be
    10  liable for salary or wages payable to such [policeman]  police  officer,
    11  or  for  the  cost of medical treatment or hospital care furnished after
    12  such date as such health authorities or  physician  shall  certify  that
    13  such  injured  or  sick  [policeman] police officer has recovered and is
    14  physically able to perform his or her regular  duties.  Any  injured  or
    15  sick  [policeman]  police  officer  who  shall  refuse to accept medical
    16  treatment or hospital care or shall refuse to permit medical inspections
    17  as herein authorized[, including examinations  pursuant  to  subdivision
    18  two  of  this section,] shall be deemed to have waived his or her rights
    19  under this section in respect  to  expenses  for  medical  treatment  or
    20  hospital  care  rendered  and  for  salary  or  wages payable after such
    21  refusal.
    22    Notwithstanding any provision of law to the contrary,  a  provider  of
    23  medical  treatment or hospital care furnished pursuant to the provisions
    24  of this section shall not collect or attempt  to  collect  reimbursement
    25  for such treatment or care from any such [policeman] police officer, any
    26  such  advanced  ambulance medical technician or any such detention offi-
    27  cer.
    28    § 3. This act shall take effect immediately; provided, that the amend-
    29  ments to subdivision 1 of section 207-c of  the  general  municipal  law
    30  made  by  section one of this act shall be subject to the expiration and
    31  reversion of such subdivision pursuant to section 7 of  chapter  628  of
    32  the  laws  of  1991,  as  amended, when upon such date the provisions of
    33  section two of this act shall take effect.