New York 2025-2026 Regular Session

New York Senate Bill S01538 Latest Draft

Bill / Introduced Version Filed 01/10/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 1538 2025-2026 Regular Sessions  IN SENATE January 10, 2025 ___________ Introduced by Sens. GALLIVAN, HARCKHAM, BORRELLO, HINCHEY, ROLISON -- 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] their duties or who is taken 22 sick as a result of the performance of [his or her] such duties so as to 23 necessitate medical or other lawful remedial treatment shall be paid by 24 the municipality or The Long Island Rail Road Company by which [he or  EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02524-01-5 

 S. 1538 2  1 she] such employee is employed the full amount of [his or her] their 2 regular salary or wages from such employer until [his or her] the disa- 3 bility arising therefrom has ceased, and, in addition such municipality 4 or The Long Island Rail Road Company shall be liable for all medical 5 treatment and hospital care necessitated by reason of such injury or 6 illness. Provided, however, and notwithstanding the foregoing provisions 7 of this section, the municipal or The Long Island Rail Road Company 8 health authorities or any physician appointed for the purpose by the 9 municipality or The Long Island Rail Road Company, as relevant, after a 10 determination has first been made that such injury or sickness was 11 incurred during, or resulted from, such performance of duty, may attend 12 any such injured or sick police officer, from time to time, for the 13 purpose of providing medical, surgical or other treatment, or for making 14 inspections, and the municipality or The Long Island Rail Road Company, 15 as the case may be, shall not be liable for salary or wages payable to 16 such police officer, or for the cost of medical treatment or hospital 17 care furnished after such date as such health authorities or physician 18 shall certify that such injured or sick police officer has recovered and 19 is physically able to perform [his or her] regular duties. Any injured 20 or sick police officer who shall refuse to accept medical treatment or 21 hospital care or shall refuse to permit medical inspections as herein 22 authorized, including examinations pursuant to subdivision two of this 23 section, shall be deemed to have waived [his or her] their rights under 24 this section in respect to expenses for medical treatment or hospital 25 care rendered and for salary or wages payable after such refusal. 26 Notwithstanding any provision of law to the contrary, a provider of 27 medical treatment or hospital care furnished pursuant to the provisions 28 of this section shall not collect or attempt to collect reimbursement 29 for such treatment or care from any such police officer, any such 30 advanced ambulance medical technician or any such detention officer. 31 § 2. Subdivision 1 of section 207-c of the general municipal law, as 32 amended by section 56 of chapter 476 of the laws of 2018, is amended to 33 read as follows: 34 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 35 the sheriff's department of any county (hereinafter referred to as a 36 "police officer") or any member of a police force of any county, city of 37 less than one million population, town or village, or of any district, 38 agency, board, body or commission thereof, or a detective-investigator 39 or any other investigator who is a police officer pursuant to the 40 provisions of the criminal procedure law employed in the office of a 41 district attorney of any county, or any corrections officer of the coun- 42 ty of Erie department of corrections, or an advanced ambulance medical 43 technician employed by the county of Nassau, or any detention officer 44 employed by the city of Yonkers, or any supervising fire inspector, fire 45 inspector, fire marshal or assistant fire marshal employed full-time in 46 the county of Nassau fire marshal's office, or at the option of [the] 47 any county [of Nassau], any county probation officer [of the county of 48 Nassau] who is injured in the performance of [his or her] their duties 49 or who is taken sick as a result of the performance of [his or her] such 50 duties so as to necessitate medical or other lawful remedial treatment 51 shall be paid by the municipality by which [he or she] such employee is 52 employed the full amount of [his or her] their regular salary or wages 53 until [his or her] the disability arising therefrom has ceased, and, in 54 addition such municipality shall be liable for all medical treatment and 55 hospital care necessitated by reason of such injury or illness. 56 Provided, however, and notwithstanding the foregoing provisions of this 

 S. 1538 3 1 section, the municipal health authorities or any physician appointed for 2 the purpose by the municipality, after a determination has first been 3 made that such injury or sickness was incurred during, or resulted from, 4 such performance of duty, may attend any such injured or sick police 5 officer, from time to time, for the purpose of providing medical, surgi- 6 cal or other treatment, or for making inspections and the municipality 7 shall not be liable for salary or wages payable to such police officer, 8 or for the cost of medical treatment or hospital care furnished after 9 such date as such health authorities or physician shall certify that 10 such injured or sick police officer has recovered and is physically able 11 to perform [his or her] regular duties. Any injured or sick police 12 officer who shall refuse to accept medical treatment or hospital care or 13 shall refuse to permit medical inspections as herein authorized, includ- 14 ing examinations pursuant to subdivision two of this section, shall be 15 deemed to have waived [his or her] their rights under this section in 16 respect to expenses for medical treatment or hospital care rendered and 17 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 section two 27 of this act shall take effect on the same date and in the same manner as 28 chapter 628 of the laws of 1991 takes effect.