STATE OF NEW YORK ________________________________________________________________________ 366 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. GALLIVAN, HARCKHAM, BORRELLO -- 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 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] any county [of 20 Nassau], any county probation officer [of the county of Nassau] who is 21 injured in the performance of his or her duties or who is taken sick as 22 a result of the performance of his or her duties so as to necessitate 23 medical or other lawful remedial treatment shall be paid by the munici- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00102-01-3
S. 366 2 1 pality or The Long Island Rail Road Company by which he or she is 2 employed the full amount of his or her regular salary or wages from such 3 employer until his or her disability arising therefrom has ceased, and, 4 in addition such municipality or The Long Island Rail Road Company shall 5 be liable for all medical treatment and hospital care necessitated by 6 reason of such injury or illness. Provided, however, and notwithstanding 7 the foregoing provisions of this section, the municipal or The Long 8 Island Rail Road Company health authorities or any physician appointed 9 for the purpose by the municipality or The Long Island Rail Road Compa- 10 ny, as relevant, after a determination has first been made that such 11 injury or sickness was incurred during, or resulted from, such perform- 12 ance of duty, may attend any such injured or sick police officer, from 13 time to time, for the purpose of providing medical, surgical or other 14 treatment, or for making inspections, and the municipality or The Long 15 Island Rail Road Company, as the case may be, shall not be liable for 16 salary or wages payable to such police officer, or for the cost of 17 medical treatment or hospital care furnished after such date as such 18 health authorities or physician shall certify that such injured or sick 19 police officer has recovered and is physically able to perform his or 20 her regular duties. Any injured or sick police officer who shall refuse 21 to accept medical treatment or hospital care or shall refuse to permit 22 medical inspections as herein authorized, including examinations pursu- 23 ant to subdivision two of this section, shall be deemed to have waived 24 his or her rights under this section in respect to expenses for medical 25 treatment or hospital care rendered and for salary or wages payable 26 after such refusal. 27 Notwithstanding any provision of law to the contrary, a provider of 28 medical treatment or hospital care furnished pursuant to the provisions 29 of this section shall not collect or attempt to collect reimbursement 30 for such treatment or care from any such police officer, any such 31 advanced ambulance medical technician or any such detention officer. 32 § 2. Subdivision 1 of section 207-c of the general municipal law, as 33 amended by section 56 of chapter 476 of the laws of 2018, is amended to 34 read as follows: 35 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 36 the sheriff's department of any county (hereinafter referred to as a 37 "police officer") or any member of a police force of any county, city of 38 less than one million population, town or village, or of any district, 39 agency, board, body or commission thereof, or a detective-investigator 40 or any other investigator who is a police officer pursuant to the 41 provisions of the criminal procedure law employed in the office of a 42 district attorney of any county, or any corrections officer of the coun- 43 ty of Erie department of corrections, or an advanced ambulance medical 44 technician employed by the county of Nassau, or any detention officer 45 employed by the city of Yonkers, or any supervising fire inspector, fire 46 inspector, fire marshal or assistant fire marshal employed full-time in 47 the county of Nassau fire marshal's office, or at the option of [the] 48 any county [of Nassau], any county probation officer [of the county of 49 Nassau] who is injured in the performance of his or her duties or who is 50 taken sick as a result of the performance of his or her duties so as to 51 necessitate medical or other lawful remedial treatment shall be paid by 52 the municipality by which he or she is employed the full amount of his 53 or her regular salary or wages until his or her disability arising ther- 54 efrom has ceased, and, in addition such municipality shall be liable for 55 all medical treatment and hospital care necessitated by reason of such 56 injury or illness. Provided, however, and notwithstanding the foregoing
S. 366 3 1 provisions of this section, the municipal health authorities or any 2 physician appointed for the purpose by the municipality, after a deter- 3 mination has first been made that such injury or sickness was incurred 4 during, or resulted from, such performance of duty, may attend any such 5 injured or sick police officer, from time to time, for the purpose of 6 providing medical, surgical or other treatment, or for making 7 inspections and the municipality shall not be liable for salary or wages 8 payable to such police officer, or for the cost of medical treatment or 9 hospital care furnished after such date as such health authorities or 10 physician shall certify that such injured or sick police officer has 11 recovered and is physically able to perform his or her regular duties. 12 Any injured or sick police officer who shall refuse to accept medical 13 treatment or hospital care or shall refuse to permit medical inspections 14 as herein authorized, including examinations pursuant to subdivision two 15 of this section, shall be deemed to have waived his or her rights under 16 this section in respect to expenses for medical treatment or hospital 17 care rendered and for salary or wages payable after such refusal. 18 Notwithstanding any provision of law to the contrary, a provider of 19 medical treatment or hospital care furnished pursuant to the provisions 20 of this section shall not collect or attempt to collect reimbursement 21 for such treatment or care from any such police officer, a member of a 22 police force of any county, city, any such advanced ambulance medical 23 technician, any such detention officer or any such detective-investiga- 24 tor or any other such investigator who is a police officer pursuant to 25 the provisions of the criminal procedure law. 26 § 3. This act shall take effect immediately; provided, that the amend- 27 ments to subdivision 1 of section 207-c of the general municipal law 28 made by section one of this act shall be subject to the expiration and 29 reversion of such subdivision pursuant to section 7 of chapter 628 of 30 the laws of 1991, as amended, when upon such date the provisions of 31 section two of this act shall take effect.