S T A T E   O F   N E W   Y O R K
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                                  5253

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on Local Governments

AN  ACT  to  amend  the  general municipal law, in relation to providing
  coverage for injuries while in the line of duty by bay  constables  in
  the town of Hempstead, Nassau county

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 207-c of  the  general  municipal
law,  as  amended  by  section  3 of chapter 675 of the laws of 1997, is
amended to read as follows:
  1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county (hereinafter  referred  to  as  a
"policeman") or any member of a police force of any county, city of less
than  one million population, town or village, or of any district, agen-
cy, board, body or commission thereof, or  a  detective-investigator  or
any  other  investigator  who  is  a  police  officer  pursuant  to  the
provisions of the criminal procedure law employed in  the  office  of  a
district attorney of any county, or any corrections officer of the coun-
ty  of  Erie department of corrections, or an advanced ambulance medical
technician employed by the county of Nassau,  or  any  supervising  fire
inspector,  fire  inspector,  fire  marshal  or  assistant  fire marshal
employed full-time in the county of Nassau fire marshal's office, or  at
the  option of the county of Nassau, any probation officer of the county
of Nassau, OR ANY DIRECTOR OF BAY CONSTABLES, ASSISTANT DIRECTOR OF  BAY
CONSTABLES,  BAY  CONSTABLE II, OR BAY CONSTABLE EMPLOYED BY THE DEPART-
MENT OF CONSERVATION AND WATERWAYS IN THE TOWN OF HEMPSTEAD,  COUNTY  OF
NASSAU, who is injured in the performance of his OR HER duties or who is
taken  sick as a result of the performance of his OR HER duties so as to
necessitate medical or other lawful remedial treatment shall be paid  by
the  municipality  by which he OR SHE is employed the full amount of his
OR HER regular salary or wages until his OR HER disability arising ther-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06876-01-1
              

A. 5253                             2

efrom has ceased, and, in addition such municipality shall be liable for
all medical treatment and hospital care necessitated by reason  of  such
injury  or illness. Provided, however, and notwithstanding the foregoing
provisions  of  this  section,  the  municipal health authorities or any
physician appointed for the purpose by the municipality, after a  deter-
mination  has  first been made that such injury or sickness was incurred
during, or resulted from, such performance of duty, may attend any  such
injured  or  sick [policeman] POLICE OFFICER, from time to time, for the
purpose of providing medical, surgical or other treatment, or for making
inspections and the municipality shall not be liable for salary or wages
payable to such [policeman] POLICE OFFICER, or for the cost  of  medical
treatment  or  hospital  care  furnished  after such date as such health
authorities or  physician  shall  certify  that  such  injured  or  sick
[policeman]  POLICE  OFFICER  has  recovered  and  is physically able to
perform his OR HER regular  duties.  Any  injured  or  sick  [policeman]
POLICE  OFFICER who shall refuse to accept medical treatment or hospital
care or shall refuse to permit medical inspections as  [herein]  author-
ized IN THIS SECTION, including examinations pursuant to subdivision two
of  this section, shall be deemed to have waived his OR HER rights under
this section in respect to expenses for medical  treatment  or  hospital
care rendered and for salary or wages payable after such refusal.
  Notwithstanding  any  provision  of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the  provisions
of  this  section  shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE  OFFICER,  a
member  of  a  police force of any county, city, any such advanced ambu-
lance medical technician or any such detective-investigator or any other
such investigator who is a police officer pursuant to the provisions  of
the criminal procedure law.
  S  2.  Subdivision 1 of section 207-c of the general municipal law, as
amended by section 4 of chapter 675 of the laws of 1997, is  amended  to
read as follows:
  1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the  sheriff's  department of any county or any member of a police force
of any county, city  of  less  than  one  million  population,  town  or
village,  or of any district, agency, board, body or commission thereof,
or any LIRR police officer as defined in paragraph two of subdivision  a
of  section three hundred eighty-nine of the retirement and social secu-
rity law whose benefits are provided in and  pursuant  to  such  section
three  hundred  eighty-nine,  or  a  detective-investigator or any other
investigator who is a police officer pursuant to the provisions  of  the
criminal  procedure law employed in the office of a district attorney of
any county, or any corrections officer of the county of Erie  department
of  corrections, or an advanced ambulance medical technician employed by
the county of Nassau, or any supervising fire inspector, fire inspector,
fire marshal, or assistant fire marshal employed full-time in the county
of Nassau fire marshal's office, or at  the  option  of  the  county  of
Nassau,  any  probation officer of the county of Nassau, OR ANY DIRECTOR
OF BAY CONSTABLES, ASSISTANT DIRECTOR OF BAY CONSTABLES,  BAY  CONSTABLE
II,  OR  BAY  CONSTABLE  EMPLOYED  BY THE DEPARTMENT OF CONSERVATION AND
WATERWAYS IN THE TOWN OF HEMPSTEAD, COUNTY OF NASSAU, who is injured  in
the performance of his OR HER duties or who is taken sick as a result of
the  performance  of  his  OR HER duties so as to necessitate medical or
other lawful remedial treatment shall be paid by the municipality or The
Long Island Rail Road Company by which he OR SHE is  employed  the  full
amount  of  his  OR HER regular salary or wages from such employer until

A. 5253                             3

his OR HER disability arising therefrom has  ceased,  and,  in  addition
such  municipality  or The Long Island Rail Road Company shall be liable
for all medical treatment and hospital care necessitated  by  reason  of
such  injury  or  illness.    Provided, however, and notwithstanding the
foregoing provisions of this section, the municipal or The  Long  Island
Rail  Road Company health authorities or any physician appointed for the
purpose by the municipality or The Long Island  Rail  Road  Company,  as
relevant,  after a determination has first been made that such injury or
sickness was incurred during, or  resulted  from,  such  performance  of
duty,  may  attend  any such injured or sick [policeman] POLICE OFFICER,
from time to time, for the purpose of  providing  medical,  surgical  or
other  treatment, or for making inspections, and the municipality or The
Long Island Rail Road Company, as the case may be, shall not  be  liable
for  salary  or wages payable to such [policeman] POLICE OFFICER, or for
the cost of medical treatment or hospital care furnished after such date
as such health authorities or physician shall certify that such  injured
or  sick [policeman] POLICE OFFICER has recovered and is physically able
to perform his OR HER regular duties. Any injured  or  sick  [policeman]
POLICE  OFFICER who shall refuse to accept medical treatment or hospital
care or shall refuse to permit medical inspections as  [herein]  author-
ized IN THIS SECTION, including examinations pursuant to subdivision two
of  this section, shall be deemed to have waived his OR HER rights under
this section in respect to expenses for medical  treatment  or  hospital
care rendered and for salary or wages payable after such refusal.
  Notwithstanding  any  provision  of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the  provisions
of  this  section  shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE  OFFICER  or
any such advanced ambulance medical technician.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date as the amend-
ments to subdivision 1 of section 207-c of the  general  municipal  law,
made by chapter 628 of the laws of 1991, shall take effect.