S T A T E O F N E W Y O R K
________________________________________________________________________
4765
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. WEISENBERG, ENGLEBRIGHT, SCHROEDER -- Multi-Spon-
sored by -- M. of A. HOOPER, McENENY -- read once and referred to the
Committee on Local Governments
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:
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] ANY county [of Nassau], any COUNTY probation officer
[of the county of Nassau] who is injured in the performance of his
duties or who is taken sick as a result of the performance of his duties
so as to necessitate medical or other lawful remedial treatment shall be
paid by the municipality by which he is employed the full amount of his
regular salary or wages until his disability arising therefrom has
ceased, and, in addition such municipality shall be liable for all
medical treatment and hospital care necessitated by reason of such inju-
ry or illness. Provided, however, and notwithstanding the foregoing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06817-01-9
A. 4765 2
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, from time to time, for the purpose of provid-
ing medical, surgical or other treatment, or for making inspections and
the municipality shall not be liable for salary or wages payable to such
policeman, 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 has recovered and is phys-
ically able to perform his regular duties. Any injured or sick policeman
who shall refuse to accept medical treatment or hospital care or shall
refuse to permit medical inspections as herein authorized, including
examinations pursuant to subdivision two of this section, shall be
deemed to have waived his 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, a member of a police
force of any county, city, any such advanced ambulance medical techni-
cian 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] ANY county
[of Nassau], any COUNTY probation officer of the county [of Nassau] who
is injured in the performance of his duties or who is taken sick as a
result of the performance of his 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 is employed the full amount of
his regular salary or wages from such employer until his 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 munici-
pality or The Long Island Rail Road Company, as relevant, after a deter-
A. 4765 3
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, from time to time, for the purpose of provid-
ing 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,
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 has recovered and is physically able to
perform his regular duties. Any injured or sick policeman who shall
refuse to accept medical treatment or hospital care or shall refuse to
permit medical inspections as herein authorized, including examinations
pursuant to subdivision two of this section, shall be deemed to have
waived his 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 or any such advanced
ambulance medical technician.
S 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 207-c of the general munici-
pal law made by section one of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 7 of chapter
628 of the laws of 1991, when upon such date the provisions of section
two of this act shall take effect.