Senate Bill S3701

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

                                 3701--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by Sens. ADDABBO, MAZIARZ, ADAMS, DIAZ, FLANAGAN, FUSCHILLO,
  HANNON, HUNTLEY, LARKIN, MONSERRATE,  ONORATO,  OPPENHEIMER,  SAMPSON,
  SAVINO, STACHOWSKI, STAVISKY, VALESKY -- read twice and ordered print-
  ed,  and  when  printed to be committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT in relation to creating the volunteer peace officer benefit law,
  to amend the executive law and the general municipal law, in  relation
  to  volunteer peace officer programs; and to amend the criminal proce-
  dure law, in relation to granting peace officer  status  to  volunteer
  peace officers

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

  Section 1. Chapter 64-C of the consolidated laws is added to  read  as
follows:
                  CHAPTER 64-C OF THE CONSOLIDATED LAWS
                  VOLUNTEER PEACE OFFICERS' BENEFIT LAW
                                                                    S
Article   I. SHORT TITLE; PURPOSE; DEFINITIONS ...................  1-3
         II. COVERAGE AND BENEFITS ...............................  5-25
        III. LIABILITY FOR BENEFITS; INSURANCE ................... 30-32
         IV. PROCEDURE ........................................... 40-61
          V. EFFECT UPON OTHER LAWS .............................. 90
                                ARTICLE I
                    SHORT TITLE; PURPOSE; DEFINITIONS
Section 1. Short title.
        2. Purpose.
        3. Definitions.
  S 1. Short  title. This chapter shall be known and may be cited as the
"volunteer peace officers' benefit law".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06699-03-9

              

S. 3701--A                          2

  S 2. Purpose. In recognition of the unselfish  service  given  to  the
people  of  New York state by these volunteer peace officers, government
has undertaken to provide for them and their families  some  measure  of
protection against loss from death or injuries in the line of duty. This
chapter  establishes  a  system of benefits for volunteer peace officers
and provides for the administration  of  such  system  by  the  workers'
compensation board and the chairman of such board.
  It  is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article  one  of  the  state
constitution and that the relationship between the political subdivision
or  law  enforcement agency liable for benefits under this chapter and a
volunteer peace officer entitled to such benefits is  that  of  employer
and employee within the meaning of such provision of the state constitu-
tion.
  S 3. Definitions. As used in this chapter:
  1. "Volunteer peace officer" means an active volunteer member of a law
enforcement  agency  as specified on a list regularly maintained by that
agency for the purpose of this chapter.
  2. "Law enforcement agency" means  any  police  department,  sheriff's
office,   local  child  protective  services  agency,  society  for  the
prevention of cruelty to animals, or any agency authorized by law or  by
a government agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
  3.  "Line of duty" means the performance by a volunteer as a volunteer
peace officer of the duties and activities for which the volunteer peace
officer does not receive any remuneration or a  gratuity  and  shall  be
deemed  to  include  any  date  of  injury as determined by the workers'
compensation board pursuant to the provisions of  section  forty-one  of
this  chapter. The following shall not be deemed to be remuneration or a
gratuity: reimbursement of expenses for meals, lodging  and  actual  and
necessary  travel;  the receipt of a mileage allowance in lieu of travel
expense; and the acceptance of  transportation,  food,  drink,  shelter,
clothing and similar items while on duty or engaged in such activities.
  4.  "Injury"  means  any disablement of a volunteer peace officer that
results from services performed in line of  duty  and  such  disease  or
infection as may naturally and unavoidably result from an injury.
  5.  "Child" includes a posthumous child, a child legally adopted prior
to the injury of the  volunteer  peace  officer;  and  a  step-child  or
acknowledged  child  born  out  of  wedlock  dependent upon the deceased
volunteer peace officer.
  6. "Surviving spouse" means the legal wife of a deceased  male  volun-
teer  peace  officer or the legal husband of a deceased female volunteer
peace officer, as the case may be, but shall not include  a  spouse  who
has abandoned the deceased. The term "abandoned", as used in this subdi-
vision,  means  such an abandonment as would be sufficient under section
two hundred of the domestic relations law to sustain a judgment of sepa-
ration on that ground.
  7. "Dependent" means a surviving spouse entitled to  receive  benefits
under  this  chapter, whether or not actually dependent upon a volunteer
peace officer, unless a contrary meaning is clearly intended.
  8. "Earning capacity", except as herein provided, means:
  a. The ability of a volunteer peace officer to perform on a  five  day
or six day basis either the work usually and ordinarily performed by him
in  his  remunerated  employment or other work which for any such worker
would be a reasonable substitute for the remunerated employment in which
he was employed at the time of his injury, or

S. 3701--A                          3

  b. The ability of a volunteer peace officer to perform on a  five  day
or six day basis either the work usually and ordinarily performed by him
in  the  practice  of  his  profession or in the conduct of his trade or
business, including farming, and  from  which  he  could  derive  earned
income  or  other  work  which for any such person would be a reasonable
substitute for the profession, trade or business in which he was engaged
at the time of his injury.
  Every volunteer peace officer shall  be  considered  to  have  earning
capacity  and,  if the provisions of paragraphs a and b of this subdivi-
sion are not applicable in any given  case,  the  workers'  compensation
board,  in the interest of justice, shall determine the reasonable earn-
ing capacity of the volunteer peace  officer  with  due  regard  to  the
provisions  of  such  paragraphs  and  the  work  he reasonably could be
expected to obtain and for which he  is  qualified  by  age,  education,
training  and  experience.  The  ability of a volunteer peace officer to
perform the duties of a volunteer peace officer, or to engage in  activ-
ities incidental thereto, may be considered in determining loss of earn-
ing  capacity, but the inability of a volunteer peace officer to perform
such duties or to engage in such activities shall  not  be  a  basis  of
determining loss of earning capacity.
  9.  "State"  means all territory within the boundaries of the state of
New York, including territory which has been or may hereafter  be  ceded
to  the federal government or to the United Nations and territory within
the boundaries of Indian reservations.
  10. "Political subdivision" means a county,  city,  town,  village  or
fire or law enforcement agency.
  11.  "State fund" means the state insurance fund provided for in arti-
cle six of the workers' compensation law.
  12. "County plan of self-insurance" means a county plan of  self-insu-
rance under article five of the workers' compensation law.
  13.  "Insurance carrier" means the state fund, the stock corporations,
mutual  corporations,  group  self-insurers   or   reciprocal   insurers
described in subdivision nine of section thirty of this chapter, a coun-
ty  plan  of  self-insurance,  or a self-insuring political subdivision.
For purposes of this chapter, a  nonprofit  property/casualty  insurance
company  which  is  licensed  pursuant  to subsection (b) of section six
thousand seven hundred four of the insurance law shall be deemed a stock
corporation and a nonprofit property/casualty insurance company which is
licensed as a reciprocal insurer pursuant to subsection (c)  of  section
six  thousand  seven hundred four of the insurance law shall be deemed a
reciprocal insurer.
  14. "Fund raising activity" means a fund raising activity described in
subdivision one of section two hundred four-a of the  general  municipal
law,  except  that for the purposes of paragraph k of subdivision one of
section five of this chapter it shall not include competitive events  in
which  volunteer  peace  officers  are  competitors,  such  as baseball,
basketball, football, bowling, tugs  of  war,  donkey  baseball,  donkey
basketball,  boxing, wrestling, contests between bands or drum corps, or
other competitive events in which volunteer peace officers  are  compet-
itors  and  which  involve  physical exertion on the part of the compet-
itors. Such term "fund  raising  activity"  shall  not  include  drills,
parades,  inspections,  reviews,  competitive  tournaments,  contests or
public exhibitions, described in paragraphs e and h of  subdivision  one
of  section five of this chapter, even though prizes are awarded at such
events.

S. 3701--A                          4

                               ARTICLE II
                          COVERAGE AND BENEFITS
Section 5.    Coverage.
        6.    Volunteer peace officers' benefits; general.
        7.    Death benefits.
        7-a.  Date of death benefits.
        8.    Permanent total disability benefits.
        9.    Temporary total disability benefits.
       10.    Permanent partial disability benefits.
       11.    Temporary partial disability benefits.
       11-a.  Repair or replacement of prosthetic devices.
       11-b.  Hazardous exposures.
       12.    Nonschedule adjustments.
       13.    Reclassification of disabilities.
       14.    Previous disability.
       15.    Expense  for  rehabilitating injured volunteer peace offi-
                cers.
       16.    Treatment and care.
       17.    Aliens.
       18.    Disposition of accrued benefits upon death.
       19.    Exclusiveness of remedy.
       20.    Other remedies of volunteer peace officers; subrogation.
       21.    Assistance to other states, the Dominion of Canada,  prop-
                erty  ceded  to  the  federal  government  and to Indian
                reservations.
       22.    Revenues and benefits from sources other than  this  chap-
                ter.
       23.    Assignments, exemptions.
       24.    Waiver agreements void.
       25.    Limitation of time.
  S 5. Coverage. 1. The duties and activities in relation to which bene-
fits shall be paid and provided pursuant to this chapter are:
  a.  Necessary  travel  to,  working at, and necessary travel returning
from an accident, alarm of accident, or other  duty  to  which  his  law
enforcement  agency,  or any unit thereof, either has responded or would
be required or authorized to respond, including necessary travel  during
such work or incidental thereto.
  b.  While, within the state, personally assisting another law enforce-
ment agency or any unit thereof, including, after his services have been
duly accepted, necessary travel to and  returning  from  such  work  and
necessary travel during such work or incidental thereto.
  c.  While,  within  the state and pursuant to orders or authorization,
performing duties at the law enforcement facility, or elsewhere, direct-
ly related to: (1) the prevention of accidents or  other  disasters,  or
(2) the delivery of emergency health care.
  d.  While,  within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in lawful duties, attend-
ing a training school or course of instruction for volunteer peace offi-
cers, or attending  or  participating  in  any  noncompetitive  training
program, including necessary travel directly connected therewith.
  e.  While,  within  the  state,  any  adjoining state or in Canada and
pursuant to orders or authorization, attending or participating  in  any
drill,  parade,  funeral, inspection or review in which his law enforce-
ment agency, or any unit thereof, is engaged, including necessary travel
directly connected therewith.

S. 3701--A                          5

  f. While, within the state and pursuant to  orders  or  authorization,
attending  or  working at meetings of his law enforcement agency, or any
organized unit thereof, at the law enforcement agency or  other  regular
or  special  headquarters  of the department, company or unit, including
necessary  travel  directly  connected therewith other than travel to or
returning from such meetings.
  g. While, within the state and pursuant to  orders  or  authorization,
working in connection with the construction, testing, inspection, repair
or  maintenance  of  (1)  the  law  enforcement  agency facility and the
fixtures, furnishings and equipment thereof, and (2) the law enforcement
agency vehicles, apparatus and equipment used  by  the  law  enforcement
agency,  or  other  unit  thereof,  including  necessary travel directly
connected therewith other than travel to or returning from such work.
  h. While, within the state, any  adjoining  state  or  in  Canada  and
pursuant to orders or authorization, practicing for, or participating as
a  contestant  or an official in, any competitive tournament, contest or
public exhibition conducted for peace  officers  which  is  intended  to
promote  the efficiency of the law enforcement agency or any unit there-
of, including necessary travel directly connected therewith  other  than
travel  to and returning from such practice. The actual rendition of the
law enforcement agency or other emergency service shall  not  be  deemed
"practicing" within the meaning of this paragraph.
  i.  While,  pursuant  to  orders  or  authorization,  engaged  in  the
inspection of vehicles and apparatus prior to delivery under a  contract
of  purchase,  or performing duties in relation to the delivery thereof,
including necessary travel directly connected therewith.
  j. While, within this country or Canada  and  pursuant  to  orders  or
authorization,  attending  a convention or conference of volunteer peace
officers as the authorized delegate or representative of his department,
or any unit thereof, including necessary travel directly connected ther-
ewith.
  k. While, within the state and pursuant to  orders  or  authorization,
working  in  connection  with a fund raising activity of his department,
including necessary travel directly connected therewith, but  shall  not
include competitive events in which volunteer peace officers are compet-
itors,  such  as  baseball,  basketball, football, bowling, tugs of war,
donkey baseball, donkey basketball, boxing, wrestling, contests  between
bands  or  drum  corps,  or  other competitive events in which volunteer
peace officers are competitors and which involve  physical  exertion  on
the part of the competitors.
  2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:
  a.  Work  or  service rendered by a volunteer peace officer while on a
leave of absence pursuant to the general municipal law  or  pursuant  to
any  other general, special or local law, charter or ordinance or pursu-
ant to the constitution, by-laws, rules or regulations applicable to the
department of which he is a member.
  b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for  which  coverage
is provided under paragraph k of subdivision one of this section.
  c.  Work  or  service  rendered  by  a  volunteer  peace officer while
suspended from duty pursuant to any general, special or local law, char-
ter or ordinance or pursuant to  the  constitution,  by-laws,  rules  or
regulations applicable to the department of which he is a member.
  d.  Work  or  service  not  rendered as a volunteer peace officer, but
rendered as an officer, official or employee of a public corporation  or

S. 3701--A                          6

any special district thereof, whether with or without remuneration, even
though  by  law  a  requirement  for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer peace officer.
  e.  Work  or  service  not  rendered as a volunteer peace officer, but
rendered in the course of his employment for a private employer.
  f. Work, service or activities in which the  volunteer  peace  officer
has  been  ordered  not  to participate.   This subdivision shall not be
deemed to enumerate all of the activities engaged in by volunteer  peace
officers  for  which mandatory coverage is not provided by this chapter,
or to prohibit any of the activities described in this  subdivision,  or
to  prevent  the securing of insurance pursuant to section four thousand
two hundred thirty-seven of the insurance law to cover  volunteer  peace
officers when engaged in activities other than those for which mandatory
coverage is provided by this chapter.
  S 6. Volunteer peace officers' benefits; general. If a volunteer peace
officer  dies from the effects of injury in the line of duty, or if such
a peace officer shall be injured in the line of duty, benefits shall  be
paid  and  provided pursuant to this chapter, except that there shall be
no liability for such benefits when the injury  has  been  solely  occa-
sioned  by  intoxication  of the volunteer peace officer while acting in
line of duty or by the wilful intention of the volunteer  peace  officer
to bring about the injury or death of himself or another.
  S  7. Death benefits. In the event of death the benefit shall be known
as a death benefit and shall be paid as follows:
  1. The reasonable funeral expenses of  the  deceased  volunteer  peace
officer shall be paid in an amount not exceeding three thousand dollars.
  If  such funeral expenses shall have been paid by a person entitled to
benefits under this section or by others, the funeral  expenses  awarded
shall  be  made  payable  to  such beneficiary or others; otherwise they
shall be payable to the undertaker  who  provided  the  burial.  Funeral
expenses shall be awarded in all death cases.
  2. If there be a surviving spouse, to such spouse the lump sum of five
thousand dollars, but if there be no surviving spouse, then to the exec-
utor  or administrator of the estate of the volunteer peace officer, the
lump sum of five thousand dollars. Such sum shall be in addition to  any
other  benefits  provided in this chapter and shall not be diminished by
benefits paid to the volunteer peace officer during  his  lifetime.  Any
money paid to an executor or administrator pursuant to the provisions of
this subdivision shall be distributed in the manner provided by the laws
of this state for the distribution of the personal property of an intes-
tate decedent.
  3.  In  the  case of a death of a volunteer peace officer, on or after
the effective date of this chapter, if there be a surviving  spouse  and
no  surviving  child  of the deceased under the age of eighteen years or
under the age of twenty-five years  who  is  enrolled  as  a  full  time
student in any accredited educational institution and no surviving child
of  any age dependent blind or physically disabled, to such spouse three
hundred dollars for each week until remarried, and upon such  remarriage
the lump sum of thirty-one thousand two hundred dollars.
  4.  If  any person under the age of eighteen years is an inmate of any
institution and a public charge upon the state or any political subdivi-
sion, the benefits allowed hereunder shall be payable to  the  state  or
political  subdivision  to the extent of the reasonable charges for care
and maintenance, during the continuance  as  a  public  charge  in  such
institution  of such beneficiary and until he or she shall have attained

S. 3701--A                          7

the age of eighteen years. Any sum or sums remaining after such payments
shall be distributed as provided in this section.
  5.  The term "dependent blind or physically disabled", as used in this
section in relation to dependent children, means totally blind or  phys-
ically disabled dependent children whose disablement is total and perma-
nent.
  6.  All  questions of dependency shall be determined as of the time of
the injury.
  7. The workers' compensation board may in its discretion  require  the
appointment  of a guardian for the purpose of receiving benefits payable
to a minor child or a dependent blind or physically disabled  child.  In
the  absence  of  such  a requirement by such board the appointment of a
guardian for such purposes shall not be necessary.
  8. In the case of a death of a volunteer peace officer,  on  or  after
the effective date of this chapter, that results from services performed
in  the  line  of  duty,  if there be a surviving spouse and a surviving
child or children of the deceased under the age  of  eighteen  years  or
under  the  age  of  twenty-five  years  who  is enrolled as a full time
student in any accredited educational institution or a  surviving  child
or  children  of any age dependent blind or physically disabled, to such
spouse one hundred sixty-five dollars for each week until remarried, and
the additional amount of one hundred thirty-five dollars for  each  week
for  such  child  or  children,  share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled  as
a  full  time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled  child
or children.
  In the case of the death of such surviving spouse, the surviving child
or  children  of  the deceased peace officer, at the time under eighteen
years of age or under the age of twenty-five years who is enrolled as  a
full time student in any accredited educational institution or dependent
through  mental  or  physical  infirmity, shall have his or her or their
benefit increased to three hundred dollars  for  each  week,  share  and
share alike, and the same shall be payable until he or she or they shall
reach  the  age  of eighteen years or twenty-five years, as the case may
be, or until such dependent blind or physically disabled condition shall
have been removed. Upon the remarriage of such surviving spouse prior to
the statutory termination of benefits to all such children, such  spouse
shall  be  paid  the  lump  sum  of seventeen thousand one hundred sixty
dollars; and the  surviving  child  shall  continue  to  receive  weekly
payments  of  one hundred thirty-five dollars; if there be two surviving
children, each shall receive one hundred twelve dollars and fifty  cents
per  week;  and if there be more than two surviving children, they shall
receive three hundred dollars per week, share and share alike;  and  the
same  shall  be  payable  until he or she or they shall reach the age of
eighteen years or twenty-five years, as the case may be, or  until  such
dependent  blind  or  physically  disabled  condition  shall  have  been
removed. Upon statutory termination of payments to  all  such  children,
the payments to the surviving spouse shall be increased to three hundred
dollars  for each week until such spouse remarries, and upon such remar-
riage, such spouse shall be paid the lump sum of thirty-one thousand two
hundred dollars. In no event shall the total  amount  payable  for  each
week under this subdivision exceed three hundred dollars.
  9.  In  the  case of a death of a volunteer peace officer, on or after
the effective date of this chapter, that results from services performed
in the line of duty, if there be surviving a child or  children  of  the

S. 3701--A                          8

deceased under the age of eighteen years or under the age of twenty-five
years  who  is  enrolled as a full time student in any accredited educa-
tional institution or a dependent blind or physically disabled child  or
children  of  any  age, but no surviving spouse, for the support of such
child or children until the age of eighteen years or  twenty-five  years
as the case may be, or until the removal of the dependency of such blind
or  physically  disabled child or children, three hundred dollars, share
and share alike, for each week; provided that the total  amount  payable
for  each  week  under  this  subdivision shall not exceed three hundred
dollars per week.
  10. In the case of a death of a volunteer peace officer, on  or  after
the effective date of this chapter, that results from services performed
in  the  line  of  duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in  any  accredited  educa-
tional  institution  or  dependent blind or physically disabled child of
the deceased of any age, then for the support of grandchildren or broth-
ers and sisters under the age of eighteen years  or  under  the  age  of
twenty-five  years who is enrolled as a full time student in any accred-
ited educational institution if dependent upon the deceased at the  time
of  the injury, one hundred twelve dollars and fifty cents for each week
for the support of each such person until the age of eighteen  years  or
twenty-five years as the case may be, and for the support of each parent
or  grandparent  of  the deceased, if dependent upon the deceased at the
time of the injury, one hundred eighty dollars for each week during such
dependency, but in no case shall the aggregate amount payable under this
subdivision exceed three hundred dollars per week.
  S 7-a. Date of death  benefits.  All  weekly  benefits  payable  under
section  seven  of  this article shall accrue as of the date of death of
the volunteer peace officer. In the event that a person or persons enti-
tled to weekly benefits shall die before a determination is made on  the
merits of their claim, and such determination on the merits is ultimate-
ly  in  their favor, then all weekly benefits due from the date of death
of the volunteer peace officer up to the date of death of the person  or
persons  entitled  to such weekly benefits shall be paid to the executor
or administrator of the estate of such person or persons.
  S 8. Permanent total disability benefits. In the case of  total  disa-
bility  adjudged  to  be  permanent the volunteer peace officer shall be
paid four hundred dollars for each week during the continuance  thereof.
Permanent  total  disability,  within the meaning of this section, shall
exist only if the earning capacity of the volunteer  peace  officer  has
been  lost permanently and totally as the result of the injury. The loss
of both hands, or both arms, or both feet, or both legs, or  both  eyes,
or  any  two  thereof,  shall, in the absence of conclusive proof to the
contrary, constitute permanent total disability, but in all other  cases
permanent  total  disability  shall be determined in accordance with the
facts. Notwithstanding any other provisions of this chapter, an  injured
volunteer peace officer disabled due to the loss or total loss of use of
both  eyes,  or both hands, or both arms, or both feet, or both legs, or
any two thereof shall not suffer any diminution of such  weekly  benefit
by  engaging  in business or employment provided his or her weekly earn-
ings or wages, when combined with his weekly benefit  shall  not  be  in
excess of six hundred dollars; and further provided that the application
of  this  section  shall  not  result  in reduction of benefits which an
injured volunteer peace officer who is disabled due to the loss or total
loss of use of both eyes, or both hands, or both arms, or both feet,  or

S. 3701--A                          9

both  legs,  or any two thereof would otherwise be entitled to under any
other provisions of this article.
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer peace officer shall be paid three hundred
dollars for each week during the continuance thereof.
  S 10. Permanent partial disability benefits. 1. In the case  of  disa-
bility  partial  in  character,  but permanent in quality, the volunteer
peace officer, injured in the line of duty shall  be  paid  one  hundred
fifty dollars for each week for the period specified in this subdivision
as follows:
  a. Loss of member.
  Member lost                                          Number of weeks
  Arm  ........................................................  312
  Leg  ........................................................  288
  Hand  .......................................................  244
  Foot  .......................................................  205
  Eye  ........................................................  160
  Thumb  ......................................................   75
  First finger  ...............................................   46
  Great toe  ..................................................   38
  Second finger  ..............................................   30
  Third finger  ...............................................   25
  Toe other than great toe  ...................................   16
  Fourth finger  ..............................................   15
  If  more  than one phalange of a digit shall be lost, the period shall
be the same as for the loss of the  entire  digit.  If  only  the  first
phalange shall be lost, the period shall be one-half the period for loss
of  the  entire digit. The period for loss or loss of use of two or more
digits, or one or more phalanges of two or more digits,  of  a  hand  or
foot,  may be proportioned to the period for the loss of use of the hand
or foot occasioned thereby, but shall not exceed the period for the loss
of a hand or foot. If an arm or leg shall be amputated at or  above  the
wrist  or  ankle, the period for such loss shall be in proportion to the
period for the loss of the arm or leg. In the case of loss of  binocular
vision  or  of  eighty  per  centum or more of the vision of an eye, the
period shall be the same as for the loss of the eye.
  b. Loss of hearing. In the case of the complete loss of the hearing of
one ear, sixty weeks; for the loss of hearing of both ears, one  hundred
fifty weeks.
  c.  Total loss of use. In the case of permanent total loss of use of a
member, the compensation shall be the  same  as  for  the  loss  of  the
member.
  d.  Partial  loss  or partial loss of use. Except as above provided in
this subdivision, in the case of permanent partial loss or loss  of  use
of  a  member, the period shall be for the proportionate loss or loss of
use of the member. Compensation for permanent partial loss of use of  an
eye  shall  be  awarded  on  the  basis of uncorrected loss of vision or
corrected loss of vision resulting from an injury which ever is greater.
  e. Disfigurement. In the case of serious facial or head disfigurement,
including a disfigurement continuous in length which is  partly  in  the
facial  area  and also extends into the neck region as described in this
paragraph, the volunteer peace officer shall be paid in  a  lump  sum  a
proper  and  equitable amount, which shall be determined by the workers'
compensation board. If the earning capacity of the volunteer peace offi-
cer shall have been impaired, or may in the future be impaired,  by  any
serious  disfigurement  in the region above the sterno clavicular artic-

S. 3701--A                         10

ulations anterior to and including  the  region  of  the  sterno  cleido
mastoid  muscles  on  either  side, the volunteer peace officer shall be
paid in a lump sum a proper and equitable amount which shall  be  deter-
mined  by such board. Two or more serious disfigurements, not continuous
in length, resulting from the same injury, if partially  in  the  facial
area  and  partially in such neck region, shall be deemed to be a facial
disfigurement. An award, or the aggregate of the awards, to a  volunteer
peace  officer  under  this  paragraph  shall not exceed twenty thousand
dollars.
  f. Total or partial loss or loss of use of more than  one  member.  In
any  case in which there shall be a loss or loss of use of more than one
member or parts of more than one member set forth above in paragraphs  a
through  e,  both  inclusive,  of this subdivision, but not amounting to
permanent total disability, the periods for loss or loss of use of  each
such member or part thereof shall run consecutively.
  g. Other cases. In all other cases of permanent partial disability the
volunteer  peace officer shall be paid for each week, during the contin-
uance thereof, as follows:
  (1) If the percentage of loss of earning capacity is seventy-five  per
centum,  or  greater,  he or she shall be paid one hundred fifty dollars
for each week.
  (2) If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, he or  she  shall  be
paid one hundred dollars for each week.
  (3)  If  the percentage of loss of earning capacity is twenty-five per
centum, or greater, but less than fifty per centum, he or she  shall  be
paid thirty dollars for each week.
  (4)  If  the percentage of loss of earning capacity is less than twen-
ty-five per centum, he or she shall not be paid any weekly benefit.
  Permanent partial disability, within the meaning  of  this  paragraph,
shall  exist only if the earning capacity of the volunteer peace officer
has been permanently and partially lost as the result of the injury. The
workers' compensation board shall determine the degree of such disabili-
ty and such board may reconsider such degree on its own motion  or  upon
application of any party in interest.
  2.  An  award  made  to a claimant under this section shall in case of
death arising from causes other than the injury be payable  to  and  for
the benefit of the persons following:
  a.  If  there be a surviving spouse and no child of the deceased under
the age of eighteen years, to such spouse.
  b. If there be a surviving spouse and surviving child or  children  of
the  deceased under the age of eighteen years, one-half shall be payable
to the surviving spouse and the other half to  the  surviving  child  or
children.
  c. If there be a surviving child or children of the deceased under the
age  of  eighteen  years, but no surviving spouse, then to such child or
children.
  d. If there be no surviving spouse and no surviving child or  children
of  the deceased under the age of eighteen years, then to such dependent
or dependents as defined in section seven of this article,  as  directed
by the workers' compensation board; and if there shall be no such depen-
dents,  then  to  the estate of such deceased in an amount not exceeding
reasonable funeral expenses as provided in subdivision  one  of  section
seven  of  this  article,  or,  if  there be no estate, to the person or
persons paying the funeral expenses of such deceased in  an  amount  not

S. 3701--A                         11

exceeding  reasonable  funeral  expenses as provided in such subdivision
one.
  S 11. Temporary  partial disability benefits. In the case of temporary
partial disability the volunteer peace officer shall be  paid  for  each
week during the continuance thereof, as follows:
  1.  If  the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid one  hundred  fifty  dollars
for each week.
  2.  If the percentage of loss of earning capacity is fifty per centum,
or greater, but less than seventy-five per centum, he or  she  shall  be
paid one hundred dollars for each week.
  3.  If  the  percentage of loss of earning capacity is twenty-five per
centum, or greater, but less than fifty per centum, he or she  shall  be
paid thirty dollars for each week.
  4.  If the percentage of loss of earning capacity is less than twenty-
five per centum, he or she shall not be paid any weekly benefit.
  Temporary partial disability, within  the  meaning  of  this  section,
shall  exist only if the earning capacity of the volunteer peace officer
has been temporarily and partially lost as the result of the injury. The
workers' compensation board shall determine the degree of such disabili-
ty and such board may reconsider such degree on its own motion  or  upon
application of any party in interest.
  S 11-a. Repair  or  replacement of prosthetic devices. If, as a result
of services performed in line of duty, a volunteer peace officer damages
or loses any prosthetic devices required to be  worn  or  used  by  him,
whether  or not he is injured, such prosthetic device shall be repaired,
or replaced in the discretion of the workers'  compensation  board,  and
necessary  medical, surgical or other attendance or treatment, nurse and
hospital service, in connection therewith shall  be  furnished,  in  the
same  manner  as  a  prosthetic  device  would be furnished, replaced or
repaired and treatment and care provided under the provisions of section
sixteen of this article. Damage to or loss of a prosthetic device  shall
be deemed an injury, except that no disability benefits shall be payable
with  respect  to such injury under sections eight, nine, ten and eleven
of this article. The term "prosthetic device" as used  in  this  section
includes  an  artificial limb, artificial eye, eyeglasses, contact lens,
hearing aid, denture or  dental  appliance  or  any  surgical  appliance
required  to  be  worn or used by the volunteer peace officer, but shall
not include shoes or any other article considered  as  ordinary  wearing
apparel, whether or not specially constructed.
  S 11-b. Hazardous  exposures. If, as a result of services performed in
line of duty, a volunteer peace  officer  is  exposed  to  or  comes  in
contact  with  any poisons, gases, x-rays, radium, radioactive materials
or other potentially harmful substances or matter, the captain or  other
executive  officer of the department, or law enforcement agency of which
he is a member may authorize the volunteer peace officer to obtain  such
examinations,  tests, treatment and care as are immediately necessary to
determine whether he is injured.  Any such authorization may be  granted
prior  to  the  giving  of a notice of injury under this chapter. In any
such case, the volunteer peace officer shall  be  deemed  to  have  been
injured and shall be entitled to treatment and care and disability bene-
fits as provided in this chapter.
  S 12. Nonschedule  adjustments. Notwithstanding any other provision of
this chapter, in any case coming within the provisions of  sections  ten
and  eleven  of  this  article,  in which the right to benefits has been
established and benefits have been paid for not less than three  months,

S. 3701--A                         12

in  which  the  continuance  of  disability  cannot  be ascertained with
reasonable certainty, the workers' compensation board may, in the inter-
est of justice, approve a nonschedule adjustment agreed to  between  the
claimant  and  the political subdivision liable for the payment of bene-
fits or its insurance carrier. The provisions of subdivision  five-b  of
section fifteen of the workers' compensation law shall apply in any such
case.
  S 13. Reclassification  of disabilities. Subject to the limitations in
section fifty-one of this chapter and in  section  one  hundred  twenty-
three  of the workers' compensation law as made applicable to this chap-
ter by section fifty-seven of this chapter,  the  workers'  compensation
board  may  at  any time, without regard to the date of the injury, upon
its own motion, or on application of any party in interest, reclassify a
disability upon proof that there has been a change in condition, or that
the previous classification was erroneous and not  in  the  interest  of
justice.
  S 14. Previous disability. The fact that a volunteer peace officer has
suffered  previous  disability or received benefits therefor as provided
in the workers' compensation law, or this chapter shall not preclude him
from benefits for a later injury nor preclude death benefits  for  death
resulting  therefrom;  provided, however, that a volunteer peace officer
who is suffering from a previous disability shall not  receive  benefits
for  a  later  injury  in excess of the benefits allowed for such injury
when considered by itself and not in conjunction with the previous disa-
bility. Notwithstanding the foregoing provisions of this section,  if  a
volunteer  peace officer has previously incurred permanent partial disa-
bility through the loss or loss of use of one hand, one arm,  one  foot,
one leg, or one eye, and suffers the loss or loss of use of another such
major member or eye, he may be adjudged permanently totally disabled and
receive  benefits  for permanent total disability as provided in section
eight of this article.
  S 15. Expense for rehabilitating injured volunteer peace officers.   A
volunteer peace officer, who as a result of injury is or may be expected
to  be  totally or partially incapacitated for a remunerative occupation
and who, under the direction of the state education department is  being
rendered  fit  to  engage in a remunerative occupation, may receive such
additional financial benefit necessary for  his  rehabilitation  as  the
workers'  compensation  board  shall  determine.    Not more than thirty
dollars per week of such additional amount shall be expended for mainte-
nance. Such expense and such of the administrative expenses of the state
education department as are properly assignable to the expenses of reha-
bilitating such volunteer peace officers shall be paid out of the  voca-
tional  rehabilitation  fund  created  pursuant  to  subdivision nine of
section fifteen of the workers' compensation law.   Any  such  volunteer
peace  officer  for  the  purposes  of  such fund shall be considered an
employee of the political subdivision or law enforcement  agency  liable
for  the  payment of benefits to such volunteer peace officer under this
chapter and such "employer" or its insurance carrier, as  the  case  may
be,  shall make the same financial contribution to such fund as required
by subdivision nine of section fifteen of the workers' compensation  law
in  every  case  of injury causing death of a volunteer peace officer in
which there are no persons entitled to  financial  benefits  under  this
chapter  other  than  (1)  funeral  expenses  and  (2) the death benefit
provided in subdivision two of section seven of this article.
  S 16. Treatment and care. A volunteer peace officer injured in line of
duty shall be entitled to receive medical, surgical, podiatric,  chirop-

S. 3701--A                         13

ractic,  psychological  and  other  attendance  and treatment, nurse and
hospital  service,  medicine,  crutches,  artificial  members,  devices,
appliances, and apparatus, including the replacement and repair thereof,
for  such  period as the nature of the injury or the process of recovery
may require and the political  subdivision  or  law  enforcement  agency
liable  for the payment of benefits to the volunteer peace officer under
this chapter because of such injury shall be  liable  therefor  and  the
cost  thereof  shall  be audited, raised and paid as provided in section
thirty of this chapter. The  provisions  of  sections  thirteen  through
thirteen-m,  inclusive, and sections nineteen through nineteen-b, inclu-
sive, of  the  workers'  compensation  law,  to  the  extent  that  such
provisions  are  not inconsistent with this chapter, shall be applicable
in relation to any injured volunteer peace officer,  political  subdivi-
sion and third persons as fully as if set forth in this chapter.
  S 17. Aliens.  Financial benefits payable under this chapter to aliens
not residents or about to become nonresidents of the  United  States  or
Canada  shall  be  in  the same amount as provided for residents, except
that dependents in any foreign country shall  be  limited  to  surviving
spouse  and  child  or  children, or, if there be no surviving spouse or
child or children, to the surviving father or mother whom the  volunteer
peace  officer  has supported, either wholly or in part, for a period of
one year prior to the date of the injury.
  S 18. Disposition of accrued benefits upon death. Except as  otherwise
provided  in section ten of this article, in the case of the death of an
injured volunteer peace officer to whom there was due at the time of his
death any benefits under the provisions of this chapter, the  amount  of
such benefits shall be payable to the surviving spouse, if there be one,
or,  if  none,  to the surviving child or children of the deceased under
the age of eighteen years, and if there be no surviving spouse or  chil-
dren,  then  to the dependents of such deceased or to any of them as the
workers' compensation board may direct, and if  there  be  no  surviving
spouse,  children or dependents of such deceased, then to his estate. An
award for disability may be made after the death of an injured volunteer
peace officer.
  S 19. Exclusiveness of remedy. The benefits provided by  this  chapter
shall  be  the  exclusive  remedy  of  a volunteer peace officer, or his
spouse, parents, dependents, next of kin, executor or administrator,  or
anyone  otherwise  entitled  to recover damages, at common law or other-
wise, for or on account of an injury to a  volunteer  peace  officer  in
line  of  duty  or  death  resulting from an injury to a volunteer peace
officer in line of duty, as against (1) the political subdivision or law
enforcement agency liable for the payment  of  such  benefits,  (2)  the
political  subdivision regularly served by the law enforcement agency of
which the volunteer peace officer is a member, whether or  not  pursuant
to  a  contract for law enforcement services, even though any such poli-
tical subdivision is not liable for the payment of such benefits in  the
circumstances,  and  (3) any person or company acting under governmental
or statutory authority in furtherance of the  duties  or  activities  in
relation  to which any such injury resulted; provided, however, that the
benefits provided by this chapter shall not be the exclusive  remedy  as
against  persons  who,  in  the furtherance of the same duties or activ-
ities, are not similarly barred  from  recourse  against  the  volunteer
peace officer, or his executor or administrator.
  S 20. Other  remedies  of  volunteer peace officers; subrogation.  The
provisions of section twenty-nine of the workers'  compensation  law  to
the extent that such provisions are not inconsistent with the provisions

S. 3701--A                         14

of  this  chapter,  shall be applicable as fully as if set forth in this
chapter.
  S 21. Assistance  to  other  states,  the Dominion of Canada, property
ceded to the federal government and to Indian reservations. 1.  Whenever
a  department in this state shall answer a call to furnish assistance to
any political subdivision or territory of another state  of  the  United
States  or  of  the Dominion of Canada, or property ceded to the federal
government, the provisions of this chapter shall apply with  respect  to
the  volunteer  peace officers of such department, while such assistance
is being rendered or while going to or returning  from  the  place  from
where the assistance is to be or was rendered, to the same extent and in
the  same manner as if such service had been rendered in or for the area
regularly served by such volunteer  peace  officer;  provided,  however,
that there shall be deducted from any amounts payable under this chapter
any  amounts recoverable by or payable to any such volunteer peace offi-
cer under the laws applicable in the political subdivision or  territory
for which the call for assistance was made.
  2.  The  provisions of this chapter shall apply with respect to volun-
teer peace officers of departments of other states of the United  States
and of the Dominion of Canada who render service in this state in answer
to  a  call  for  assistance  to the territory regularly served by a law
enforcement agency described in subdivisions one  through  five,  inclu-
sive,  of section thirty of this chapter and, for the purposes of deter-
mining liability for benefits under this  chapter,  any  such  volunteer
peace  officer  shall be considered as a volunteer member of the depart-
ment of the territory for which service has been rendered in this  state
pursuant  to  a call for assistance; provided that the laws of the state
served by such volunteer peace officers, departments or law  enforcement
agency,  or  of  the  Dominion  of  Canada,  as the case may be, contain
provisions under which benefits are granted  in  relation  to  volunteer
peace  officers  of  this state who are killed or injured when rendering
service in such other states, or the Dominion of Canada, as the case may
be, in answer to a call for assistance; provided,  however,  that  there
shall  be deducted from any amounts payable under the provisions of this
chapter to a volunteer peace officer of such  other  states  or  of  the
Dominion of Canada, any amounts recoverable by or payable to such volun-
teer  peace officer under the laws of the state served by such volunteer
peace officer or of the Dominion of Canada, as the case may be.
  3. Whenever a law enforcement agency in this state shall answer a call
for assistance to be rendered to any part of an Indian  reservation  the
provisions  of  this  chapter  shall apply with respect to the volunteer
peace officers of such law enforcement agency or department, while  such
assistance  is  being  rendered  or while going to or returning from the
place from where the assistance is to be or was rendered,  to  the  same
extent and in the same manner as if such service had been rendered in or
for the area regularly served by such volunteer peace officers.
  S 22. Revenues  and  benefits from sources other than this chapter. 1.
Benefits, savings or insurance of  the  injured  or  deceased  volunteer
peace officer, or insurance carried for his benefit under subsection (a)
of  section four thousand two hundred thirty-seven of the insurance law,
shall not be considered in determining  the  benefits  to  be  paid  and
provided  under  this  chapter, nor shall such benefits be diminished or
reduced by reason of the payment to an injured volunteer  peace  officer
of  salary,  wages  or  other  remuneration by any political subdivision
liable for the payment of such benefits.

S. 3701--A                         15

  2. Benefits  received  from  any  political  subdivision  pursuant  to
service  award  payments  authorized by article eleven-AA of the general
municipal law shall not be considered in determining the benefits to  be
paid and provided under this chapter.
  S 23. Assignments,  exemptions.  Benefits  payable  under this article
shall not be assigned, released or commuted, except as provided by  this
chapter, and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt,  which  exemption  may  not be waived. Such benefits shall be paid
only to volunteer peace officers or their dependents except as otherwise
provided in this chapter.
  S 24. Waiver agreements void. No agreement by a volunteer peace  offi-
cer  to  waive  his or her right to benefits under this chapter shall be
valid.
  S 25. Limitation of time. No limitation of time provided in this chap-
ter shall run as against any person who is  mentally  incompetent  or  a
minor so long as he has no committee or guardian.
                               ARTICLE III
                    LIABILITY FOR BENEFITS; INSURANCE
Section 30. Liability for and payment of benefits.
        31. The insurance contract.
        32. Group insurance.
  S 30. Liability  for  and  payment  of  benefits.  Except as otherwise
provided in article five of the workers' compensation law and in section
twenty-one of this chapter:
  1. If at the time of injury the volunteer peace officer was  a  member
of  a  law  enforcement  agency  of a county, city, town, village or law
enforcement agency, any benefit under this chapter shall  be  a  county,
city,  town,  village  or law enforcement agency charge, as the case may
be, and any claim therefor shall be audited in the same manner as  other
claims against the county, city, town, village or law enforcement agency
and  the  amount  thereof shall be raised and paid in the same manner as
other county, city, town, village or law enforcement agency charges.
  2. If at the time of injury the volunteer peace officer was  a  volun-
teer member of a law enforcement agency which uses volunteer peace offi-
cers,  any  benefit  under  this chapter shall be a city, village or law
enforcement agency charge, as the case may be, and  any  claim  therefor
shall  be  audited  in the same manner as other claims against the city,
village or law enforcement agency and the amount thereof shall be raised
and paid in the same manner as other city, village  or  law  enforcement
agency charges.
  3.  If  at the time of injury the volunteer peace officer was a member
of a law enforcement agency and located outside of a  city,  village  or
law  enforcement  agency  any benefit under this chapter shall be a town
charge and any claim therefor shall be audited  and  paid  in  the  same
manner  as  town charges and the amount thereof raised upon the property
liable to taxation in such  outside  territory  protected  by  such  law
enforcement  agency  in  the  same  manner  as  town charges therein are
raised.
  4. If at the time of injury the volunteer peace officer was  a  member
of  a law enforcement agency  operating in, or maintained jointly by two
or more villages, or two or more towns, or two or more  law  enforcement
agencies,  any benefit under this chapter shall be a charge against such
villages, towns or law enforcement agencies, in the proportion that  the
full  valuation  of  taxable  real estate in each bears to the aggregate
full valuation of the taxable real estate of all such villages, towns or

S. 3701--A                         16

law enforcement agencies and the amount thereof shall be audited, raised
and paid in the same manner as other village, town  or  law  enforcement
agency  charges.  Full  valuation  shall  be  determined by dividing the
assessed valuations of taxable real estate of each such village, town or
law  enforcement agency as shown by the latest completed assessment roll
of the village, town or law enforcement agency by the equalization  rate
established  by  the  authorized  state agency or officer for such roll;
provided, however, in a county having a county department of  assessment
the full valuation in towns and law enforcement agencies shall be deter-
mined  by applying the state equalization rate established for the town,
or the town in which the law  enforcement  agency  is  located,  to  the
appropriate portion of the last completed county roll.
  5.  Any  political subdivision may finance the payment of any benefits
to be paid and provided under this chapter by  the  issuance  of  serial
bonds  or  capital  notes pursuant to the local finance law unless it is
required by some law, other than this chapter, to pay such benefits from
current funds.
  6. Any political subdivision may contract for  insurance  indemnifying
against  the  liability  imposed  by  this  chapter and the cost of such
insurance shall be audited, raised and paid in the same manner as  bene-
fits are required to be audited, raised and paid in this section.
  7. Insurance authorized to be purchased pursuant to subdivision six of
this  section  may  be  secured  from the state fund or any stock corpo-
ration, mutual corporation, group self-insurers  or  reciprocal  insurer
authorized  to  transact  the  business of workers' compensation in this
state.   If such insurance is not  secured,  the  political  subdivision
liable shall be deemed to have elected to be a self-insurer unless it is
a  participant  in  a county plan of self-insurance or its liability for
benefits under this chapter is covered by a town's  participation  in  a
county plan of self-insurance as provided in subdivision nine of section
sixty-three  of  the  workers' compensation law. Every such self-insurer
shall file with the chair of the workers' compensation board a notice of
such election prescribed in form by such chair. For failure to file such
notice within ten days after such election is  made,  the  treasurer  or
other  fiscal  officer  of such political subdivision shall be liable to
pay to the chair of the workers'  compensation  board  the  sum  of  one
hundred dollars as a penalty, to be transferred to the state treasury. A
notice of election to be a self-insurer for compensation and benefits to
volunteer  peace  officers  under the provisions of the workers' compen-
sation law and the general municipal law in effect prior to March first,
in the year of the effective date of this chapter, which was filed prior
to such date pursuant to the provisions of subdivision four  of  section
fifty  of  the workers' compensation law as in effect prior to such date
shall be deemed to be a notice of  election  filed  under  this  section
unless  the  chair of the workers' compensation board is notified to the
contrary. The provisions of subdivision five of  section  fifty  of  the
workers' compensation law shall be applicable to such self-insurers.
  8.  The  governing  board  of  a  political subdivision liable for the
payment of such benefits may authorize the  treasurer  or  other  fiscal
officer thereof to pay the financial benefits provided for in this chap-
ter  to  the person entitled thereto without waiting for an award in any
case in the manner provided in section forty-nine of this  chapter.  The
amount  payable  prior  to an award pursuant to such authorization shall
constitute a settled claim within the meaning of the local finance law.
  9. Where a city, village, or town is furnished service by law enforce-
ment agency, or any unit thereof pursuant to  a  contract  entered  into

S. 3701--A                         17

prior  to the enactment date of this chapter with another city, village,
law enforcement  agency,  having  its  headquarters  outside  the  city,
village or law enforcement agency receiving such service and the liabil-
ity for benefits under this chapter in relation to volunteer peace offi-
cers  rendering  such service pursuant to such contract on and after the
effective date of this chapter is not covered pursuant to a county self-
insurance plan pursuant to section sixty-three of the  workers'  compen-
sation  law,  the contract may be amended after a public hearing held in
the manner provided by law for the amendment of any such contract, or at
the option of the contracting  parties  without  a  public  hearing,  to
provide  for  payment  by  the  city,  village or law enforcement agency
receiving such service to the city, village, law enforcement  agency  or
town in which such law enforcement agency has its headquarters, of a sum
in  addition  to  the amount to be paid for such service pursuant to the
contract, to provide for any increase in cost, or new or added cost,  to
such  city, village, law enforcement agency or town for insurance cover-
age for liability for benefits under  this  chapter  on  and  after  the
effective date of this chapter, by reason of the service rendered pursu-
ant  to  such  contract.  Where  such  service is received pursuant to a
contract entered into prior to the effective date of this chapter with a
law enforcement agency having its headquarters outside the city, village
or law enforcement agency receiving such service, then  whether  or  not
such  contract  is  amended  as  provided in this section, or a contract
entered into on or after the effective date of this chapter so provides,
a city, village or law enforcement agency receiving such service on  and
after  the  effective date of this chapter pursuant to a contract, shall
pay to the city, village, or town in which such law  enforcement  agency
has its headquarters a sum in addition to the amount to be paid for such
service  pursuant  to the contract, to provide for any increase in cost,
or new or added cost, to such city, village, law enforcement  agency  or
town  for  insurance  coverage for the liability for benefits under this
chapter on and after the effective date of this chapter by reason of the
service rendered pursuant to such contract. Any such additional  sum  so
paid  shall  not be subject to division with a law enforcement agency as
otherwise provided by law in the case of contracts for such service.
  S 31. The insurance contract. 1. The provisions of  subdivisions  one,
two,  four, five and seven of section fifty-four of the workers' compen-
sation law, in relation to the insurance contract, which are not  incon-
sistent  with this chapter, shall be applicable as fully as if set forth
herein. The insurance carrier shall be  a  party  to  all  hearings  and
determinations  by  the  workers'  compensation  board or the courts and
shall have the right to raise or plead  any  defense  available  to  the
political  subdivision  liable in the first instance for the benefits to
be paid and provided by this chapter.
  2. A contract of insurance indemnifying against the liability  imposed
by this chapter issued by an insurance carrier to a county or a town and
in force on or after the effective date of such chapter, shall contain a
provision  reading  as follows:  "This contract does not provide (a) any
coverage under the workers' compensation  law  or  the  volunteer  peace
officers'  benefit  law  for  which  any law enforcement agency would be
liable under such laws,  (b)  any  workers'  compensation  benefits  for
volunteer  peace  officers  and  employees for which any law enforcement
agency would be liable under the workers' compensation law, or  (c)  any
volunteer  peace officers' benefits for any volunteer peace officers for
which any law enforcement agency would be  liable  under  the  volunteer
peace  officers' benefit law." The foregoing provision does not apply in

S. 3701--A                         18

relation to volunteer peace officers'  benefit  coverage  and  volunteer
peace  officers'  benefits provided for and in relation to the following
named law enforcement agencies which have expressly  requested  coverage
under  this contract pursuant to the provisions of section thirty-two of
this  article,  to  wit:  (If  there  are  no  exceptions,   enter   "No
exceptions").
  3.  An  insurance  contract  to indemnify against liability imposed by
this chapter originally issued to take effect on or after  March  first,
next  succeeding  the  effective  date  of this chapter, and any renewal
thereof, (a) shall be a separate and distinct contract, (b) shall not be
attached as an endorsement or rider to, or in any other way form a  part
of,  a  workers'  compensation  insurance  contract,  (c) shall not have
attached thereto any endorsement or rider covering any  liability  under
the  workers'  compensation  law and (d) shall not be on a contract form
used by the insurance carrier for  the  purpose  of  insuring  employers
against  liabilities  imposed  by  the  workers' compensation law, or is
attached to any such form as an endorsement or rider.
  4. An insurance contract to indemnify  against  liability  imposed  by
this  chapter  originally  issued  to take effect prior to the effective
date of such chapter, shall not be renewed to continue in effect  on  or
after March first, in the year of the effective date of this chapter, if
(a)  it  is  attached as an endorsement or rider to, or in any other way
forms a part of, a workers' compensation insurance contract, (b) it  has
attached  thereto  any endorsement or rider covering liability under the
workers' compensation law or (c) it is on a contract form  used  by  the
insurance  carrier for the purpose of insuring employers against liabil-
ities imposed by the workers' compensation law, or is  attached  to  any
such form as an endorsement or rider.
  S 32. Group  insurance.  1.  Notwithstanding  any provision of section
thirty of this article, any town may contract for  a  single  policy  of
insurance  indemnifying  (a)  all law enforcement agencies wholly within
such town which are liable for the payment of benefits under this  chap-
ter, (b) all territory within such town outside cities, villages and law
enforcement  agencies  which is liable for the payment of benefits under
this chapter, and (c) the town in relation to such law enforcement agen-
cies, and outside territory, against liability imposed by this  chapter.
If a town has any such liability and contracts for such a single policy,
then  and  in that event only any such policy, if requested by the board
of trustees of any village wholly within the town, or by  the  board  of
commissioners  of  any  law  enforcement  agency wholly within the town,
shall also indemnify such village or law enforcement agency against such
liability. The cost of such insurance shall be a town charge  and  shall
be levied and collected in the same manner as other town charges only in
the  territory  of such town which is liable for the payment of benefits
under this chapter and which is outside of any village and law  enforce-
ment  agencies  not  covered  by  such a policy. Nothing in this section
contained shall impose any additional liability  on  any  town  for  any
benefit payments in relation to volunteer peace officers.
  2. Notwithstanding any other provision of section thirty of this arti-
cle,  any  group  of  cities, villages, law enforcement agencies or town
boards acting for and on behalf of law enforcement agencies or  territo-
ries  outside  any  such  municipal  corporations or districts which are
liable for the payment of benefits under  this  chapter,  all  of  which
cities,  villages,  districts and territories are located in whole or in
part within one county, may elect by resolution of the  governing  board
of  each  member of the group to be insured against liability imposed by

S. 3701--A                         19

this chapter, as a group under a single policy.  Such resolutions  shall
be  filed with the chairman of the board of supervisors. The group shall
file with the chairman of the board of supervisors an agreement,  signed
by  the  officer  of  the  governing body designated by such resolution,
agreeing to the effective date of such policy and to the  population  of
each  such  city,  village,  law  enforcement  agency and such territory
outside any such municipal corporation or district, and, if any such law
enforcement agency lies wholly or partly within two or more  towns,  the
population  of  the district within each such town. The population shall
be that which is shown by the latest federal census, or, if not shown by
such census, then as estimated.  The  estimate  used  for  any  village,
district or other area in a town plus the estimated or actual population
of all other villages, districts and areas in such town shall not exceed
the  population  of  such town as shown by the latest federal census. It
shall be the duty of the chairman of the board  of  supervisors  of  the
county,  upon  the filing of such resolutions and agreement, promptly to
contract for insurance indemnifying against  the  liability  imposed  by
this  chapter  in the manner provided in section thirty of this article.
Except by mutual consent of the  participating  members,  a  member  may
withdraw from such a group only upon the anniversary date of the policy,
and  then  only  upon  thirty  days' notice of withdrawal by mail to the
chairman of the board of supervisors. The cost of such  insurance  shall
be apportioned by the clerk of the board of supervisors of the county to
each  such  city,  village,  law  enforcement  agency and such territory
outside such municipal corporations and  districts,  in  the  proportion
that  the agreed population bears to the entire population of the group.
Refunds, dividends and discounts in relation to such insurance shall  be
distributed  or  credited  according  to  the  same  apportionment. Upon
notification by the clerk of the board of supervisors, the chief  fiscal
officer  of  each such city, village or law enforcement agency shall pay
to the county treasurer, from moneys available or  made  available,  the
amount  apportioned to such city, village or district. Upon like notifi-
cation, the supervisor of each town in which such law enforcement agency
is located in whole or in part, or in which such  outside  territory  is
located,  shall  pay  to the county treasurer the amount apportioned for
such district, in whole or in part, or territory, as the  case  may  be,
using  moneys  raised  or  made available for the purposes of service in
such district or outside territory, or if there be  no  such  moneys  or
insufficient  moneys,  using  funds of the town available or made avail-
able, which funds shall be a charge upon such district or territory  for
which  the  town shall be reimbursed. The county treasurer shall pay the
cost of such insurance with such moneys, or if any apportioned share has
not been paid, the county treasurer shall advance the  amount  necessary
from moneys of the general fund upon resolution of the board of supervi-
sors.  Any  such advance shall be repaid as soon as moneys are available
therefor.   If any apportioned share  remains  unpaid,  the  county  may
recover the same by action at law. If any member of the group shall fail
to  pay  its apportioned share within thirty days after notice that such
amount has become due and payable, the chairman of the board of supervi-
sors may terminate the participation of such  member  in  the  group  by
notice  by  mail to such member on a date specified in the notice, and a
copy of such notice shall be filed by  the  chairman  of  the  board  of
supervisors with the insurance carrier, who shall notify the chairman of
the  workers'  compensation  board of the termination of coverage in the
same manner as provided for cancellation  of  policy  under  subdivision
five  of  section  fifty-four  of  the workers' compensation law. If any

S. 3701--A                         20

village or law enforcement agency is located in two or more counties, it
may elect to join such a group in one  of  such  counties.  If  any  law
enforcement  agency includes territory in more than one county, it shall
become  a  participant  only  if  all  the town boards acting for and on
behalf of such district shall have  elected  that  such  district  shall
become  a participant in such a group, and in such case such town boards
shall elect as to which county group it shall join.  If any  participat-
ing  law  enforcement  agency  includes territory in more than one town,
whether or not in more than one county, the amount of cost of insurance,
refund, dividend or discount  apportioned  to  such  district  shall  be
apportioned in the proportion that the population of the district within
each  such  town  bears  to  the  population of the entire district. The
figure used for population in such case shall be the one stated  in  the
agreement.    If  the  boundaries  of any city, village, law enforcement
agency or such outside territory in the group shall  be  changed  during
the  effective  period  of  any  such  insurance policy, or if there are
changes in  the  membership  of  the  group,  the  agreement  heretofore
mentioned  concerning  population  shall  be  appropriately amended by a
supplementary agreement to be executed and filed in the same  manner  as
the original agreement, in which case the coverage of the policy and the
apportionment of the cost thereof shall be changed accordingly.
  3.  Each  policy  issued  pursuant to subdivisions one and two of this
section shall identify clearly each city, town, village, or law enforce-
ment agency and outside territory covered thereby.
                               ARTICLE IV
                                PROCEDURE
Section 40. Notice of injury or death.
        41. Claim for benefits.
        42. Reports of injuries, claims and proceedings.
        43. Determination of claims for benefits.
        44. Presumptions.
        45. Modification of awards, decisions or orders.
        46. Appeals.
        47. Costs and fees.
        48. Representation before the workers' compensation board.
        49. Benefits; how payable.
        50. Payments pending controversies.
        51. Fund for reopened cases.
        52. Awards to nonresidents; nonresident compensation fund.
        53. Enforcement of payment.
        54. Aggregate trust fund.
        55. Penalty for false representation.
        56. Non-duplication of benefits.
        57. Miscellaneous provisions.
        58. Application of provisions of workers' compensation law.
        59. Liberal construction.
        60. Administrative expenses.
        61. Death or disability due to disease or malfunction  of  heart
              or coronary arteries; claims and procedures.
  S 40. Notice  of  injury  or  death.  Notice of an injury or death for
which benefits are to be paid or provided under this  chapter  shall  be
given  to the political subdivision or the law enforcement agency liable
for the payment thereof within ninety days after such  injury  or  death
except  that  such notice need not be given if a claim is filed pursuant
to section forty-one of this article within ninety days after such inju-
ry or death. Either such notice may be given by any person  claiming  to

S. 3701--A                         21

be  entitled  to  such benefits or by someone on his behalf.  The notice
shall be in writing, shall contain the name and address of the volunteer
peace officer, and state in ordinary language the  time,  place,  nature
and cause of the injury and shall be signed by him or by a person on his
behalf or, in case of death, by any one or more of his dependents, or by
a  person on their behalf. The notice shall be given to the clerk of the
board of supervisors of the county, the comptroller or  chief  financial
officer  of  the  city,  the  town  clerk  of the town, the clerk of the
village, the secretary of the law enforcement agency or the law enforce-
ment agency, as the case may be, by delivering it to such officer or  by
registered  letter  properly  addressed  to such officer. The failure to
give notice of injury or notice of death shall be a  bar  to  any  claim
under  this  chapter  unless  such  failure  is  excused by the workers'
compensation board on any of the following grounds, (1)  that  for  some
sufficient  reason  the  notice  could  not  have been given, (2) that a
member of a body in charge of, or any officer of,  the  law  enforcement
agency  had  knowledge  within such ninety-day period of the injuries or
death, (3) that the political subdivision, or its insurance carrier  had
not  been  prejudiced  by a delay in giving such notice, or (4) that the
cause of disablement or death was not known to be the result of  service
performed  in  line  of  duty as a volunteer peace officer in sufficient
time to comply with the provisions of this section.
  S 41. Claim for benefits. The right to claim benefits under this chap-
ter shall be barred, except as hereinafter provided, unless  within  two
years after the injury, or, if death results therefrom, within two years
after  such  death, a claim for the benefits under this chapter shall be
filed with the chairman of the workers' compensation board and a copy of
such claim shall be filed with the same officer  to  whom  a  notice  of
injury must be given under section forty of this article. The right of a
volunteer  peace  officer or his dependents to claim benefits under this
chapter for disablement or death, as the case may be, caused by  disease
shall not be barred by the failure of the volunteer peace officer or his
dependents  to  file  a  claim  within  either such period of two years,
provided such claim shall be filed after either such period of two years
and within ninety days after disablement or ninety days after  knowledge
that  the disease is or was due to service as a volunteer peace officer,
whichever is the later date. The claim shall  be  in  substantially  the
same  form  and  shall  give  substantially  the  same information as is
required to be given in a claim under the provisions of section  twenty-
eight  of  the workers' compensation law. Notwithstanding the provisions
of any other law, any such claim need  not  be  sworn  to,  verified  or
acknowledged. No case in which an advance payment is made to a volunteer
peace  officer  or to his dependents in case of death shall be barred by
the failure of the volunteer peace officer or his dependents to  file  a
claim, and the workers' compensation board may at any time order a hear-
ing  on  any such case in the same manner as though a claim for benefits
had been filed.
  The date of injury caused by disease shall be the date of  contracture
of  such disease as determined by the workers' compensation board on the
hearing of the claim and the responsibility of the political subdivision
liable for the payment of benefits and its insurance  carrier  shall  be
fixed by the date of injury as so determined.
  S 42. Reports of injuries, claims and proceedings. If an injury is one
for  which  an  insurance  carrier  might  be liable under a contract of
insurance or a county plan of self-insurance might be required  to  pay,
the  officer  to  whom a notice of injury is required to be delivered or

S. 3701--A                         22

mailed and with whom the claim in relation to such injury is required to
be filed under the provisions of this chapter shall send a copy of  such
notice and claim and a copy of any notice of a proceeding relating to an
injury  or  claim to such insurance carrier or county plan of self-insu-
rance, as the case may be, promptly after receiving the same. The  poli-
tical  subdivision  or  law enforcement agency liable for the payment of
benefits under this chapter  shall  keep  such  records  and  make  such
reports  to  the chairman of the workers' compensation board as required
by section one hundred ten of the workers' compensation  law,  which  by
section  fifty-seven of this article is made applicable to this chapter.
Failure to comply with the provisions of this section shall not  relieve
such  an  insurance  carrier of liability or a county plan of self-insu-
rance from its obligation to pay.
  S 43. Determination of claims for benefits. The provisions of  section
twenty  of the workers' compensation law shall be applicable as fully as
if set forth in this chapter, except that the waiting  period  of  seven
days  for the presentation of claims for benefits shall not apply to the
presentation of claims for benefits under this chapter.
  S 44. Presumptions. If a claim for benefits is filed within two  years
after  the  injury,  or, if death results therefrom, is filed within two
years after such death, as provided in section forty-one of  this  arti-
cle,  then in any proceeding for the enforcement of such claim, it shall
be presumed in the absence of substantial evidence to the contrary:
  1. That the claim comes within the provisions of this chapter.
  2. That sufficient notice thereof was given.
  3. That the injury was not occasioned by the wilful intention  of  the
injured  volunteer  peace  officer to bring about the injury or death of
himself or another.
  4. That the injury did not result solely from the intoxication of  the
injured volunteer peace officer while acting in line of duty.
  5.  That  the  contents  of medical and surgical reports introduced in
evidence by claimants for benefits shall constitute prima facie evidence
of fact as to the matter contained therein.
  S 45. Modification of awards, decisions or orders. The  provisions  of
section  twenty-two of the workers' compensation law shall be applicable
as fully as if set forth in this chapter.
  S 46. Appeals. The provisions of section twenty-three of the  workers'
compensation  law  shall  be applicable as fully as if set forth in this
chapter except that reimbursement following  modification  or  recession
upon  appeal  shall  be paid from administrative expenses as provided by
section sixty of this article.
  S 47. Costs and fees. The provisions of  section  twenty-four  of  the
workers'  compensation  law shall be applicable as fully as if set forth
in this chapter.
  S 48. Representation  before  the  workers'  compensation  board.  The
provisions  of  section  twenty-four-a  of the workers' compensation law
which are not inconsistent with the provisions of this chapter shall  be
applicable as fully as if set forth in this chapter.
  S 49. Benefits;  how payable. Except as otherwise provided in subdivi-
sions one and two of section seven of this chapter, benefits under  this
chapter  shall  be paid in the manner provided in section twenty-five of
the workers' compensation law. The provisions of  such  section  twenty-
five,  other  than  those relating to welfare, pension or benefit plans,
agreements and trusts, shall be applicable as fully as if set  forth  in
this chapter.

S. 3701--A                         23

  S 50. Payments pending controversies. In order that the benefits to be
paid  and  provided under this chapter shall be paid promptly where such
benefits are conceded to be due to any person because of the death of or
injuries to a volunteer peace officer,  but  controversy  exists  as  to
which  political subdivision or law enforcement agency is liable for the
payment thereof, the municipal corporations,  law  enforcement  agencies
involved  in  such controversy and their insurance carriers, if any, may
agree that any one or more of such municipal corporations, law  enforce-
ment  agency  or its insurance carrier shall pay or provide the benefits
to, or in relation to, the person conceded to be entitled to such  bene-
fits  without  waiting for a final determination of the controversy, and
may carry out the provisions of such an agreement.  Notwithstanding  any
such  payment, any party to the agreement may seek a final determination
of the controversy in the same manner as if such benefits had  not  been
paid or provided and any such payment or provision of benefits shall not
prejudice any rights of the political subdivision, law enforcement agen-
cy  or  its insurance carrier paying or providing the same, nor be taken
as an admission against interest.    After  a  final  determination  the
parties  to the agreement shall make any necessary and proper reimburse-
ment to conform to the determination.
  S 51. Fund for reopened cases. 1. The provisions  of  section  twenty-
five-a  of the workers' compensation law shall be applicable as fully as
if set forth in this chapter, except that, other than  with  respect  to
the  annual  assessment  under  such section, payments to an executor or
administrator of the estate of a volunteer  peace  officer  pursuant  to
subdivision  two  of  section seven of this chapter shall not constitute
payment of benefits for the purpose of determining  the  amount  of  the
payment to the fund for reopened cases. Benefits paid to volunteer peace
officers  and other persons entitled to benefits under this chapter from
the fund for reopened cases shall be in accordance with  the  provisions
of this chapter.
  2. The insurance carrier or entity responsible for payment of benefits
paying  such  benefit  increase  shall  claim  for such benefit increase
reimbursement from the special fund for reopened  cases  commencing  one
year  from  the  date  of the first such payment and annually thereafter
while such payments continue, on a form prescribed by the chair.
  3.  All carriers shall pay benefits  in  conformance  with  rates  set
forth  in section eight of this chapter without awaiting modification by
the board of any prior inconsistent award.
  S 52. Awards  to  nonresidents;  nonresident  compensation  fund.  The
provisions  of  section  twenty-five-b  of the workers' compensation law
shall be applicable as fully as if set forth in this chapter.
  S 53. Enforcement of payment. 1. The provisions of section  twenty-six
of  the  workers'  compensation law, other than the portions relating to
section fourteen-a, section fifteen and section fifty  of  the  workers'
compensation  law,  shall be applicable as fully as if set forth in this
chapter.
  2. The provisions of section fifty-four-b of the workers' compensation
law shall be applicable as fully as if set forth in this chapter.
  S 54. Aggregate trust fund. The provisions of section twenty-seven  of
the  workers'  compensation  law  which  are  not  inconsistent with the
provisions of this section, shall be applicable as fully as if set forth
in this chapter with respect to claims for benefits under this chapter.
  S 55. Penalty for false representation. If, for the purpose of obtain-
ing any benefit or payment under the provisions of this chapter, or  for
the  purpose  of  influencing any determination regarding any benefit or

S. 3701--A                         24

payment under the provisions of this chapter, either for himself or  for
any  other person, any person wilfully makes a false statement or repre-
sentation, he shall be guilty of a misdemeanor.
  S 56. Non-duplication of benefits. If benefits are required to be paid
under  this  chapter  in  the event of injury to or death of a volunteer
peace officer, the volunteer peace officer or other persons entitled  to
such   benefits  shall  not  receive  workers'  compensation  under  the
provisions of the workers' compensation law in relation to  such  injury
or death.
  S 57. Miscellaneous provisions. The provisions of article seven of the
workers' compensation law which are not inconsistent with the provisions
of  this  chapter  shall be applicable as if fully set forth herein. The
reference to sections twenty-five-a and fifty of  the  workers'  compen-
sation  law  in section one hundred twenty-three of the workers' compen-
sation law shall be deemed to refer to sections fifty-one and thirty  of
this chapter.
  S 58. Application  of provisions of workers' compensation law. All the
powers and duties conferred or imposed upon the chairman of the workers'
compensation board and the workers' compensation board by  the  workers'
compensation  law  which  are  necessary  for the administration of this
chapter and not inconsistent with this chapter are, to that extent, made
applicable to this chapter, even though such provisions of the  workers'
compensation  law  are  not expressly made applicable to this chapter by
the provisions of this chapter or the workers' compensation law.
  S 59. Liberal construction. The provisions of this article relating to
giving notice of injury and filing of claim, and to the contents of  any
such  notice or claim, shall be construed liberally in order to effectu-
ate the objects and purposes of this chapter.
  S 60. Administrative expenses. 1. The chairman of the workers' compen-
sation board and the department of audit and control, as soon as practi-
cable after April first, next succeeding  the  effective  date  of  this
chapter,  and  annually as soon as practicable after April first in each
year thereafter, shall ascertain the total amount of expenses, including
in addition to the direct costs of personal service, the cost of mainte-
nance and operation, the cost of retirement contributions made and work-
ers' compensation premiums paid by  the  state  for  or  on  account  of
personnel,  rentals  for  space  occupied in state owned or state leased
buildings, such additional sum as may be certified to  the  chairman  of
the  workers' compensation board and the department of audit and control
as a reasonable compensation for services rendered by the department  of
law  and  expenses  incurred by such department, and all other direct or
indirect costs, incurred by the chairman or the board during the preced-
ing fiscal year in connection with the administration  of  this  chapter
and  in  connection with the preparations for the taking effect thereof.
The services and expenses of the members, employees and officers of  the
board related to this chapter and such preparations shall be apportioned
and  included in the amount to be assessed. If any officers or employees
of the state perform duties directly which in part are  related  to  the
administration  of  this  chapter  and such preparations and in part not
related thereto and if there  are  other  expenses  which  are  incurred
jointly  in  connection with the administration of this chapter and such
preparations and in activities not so connected, an equitable apportion-
ment shall be made and only such parts thereof as apply to the  adminis-
tration of this chapter and such preparations shall be chargeable to the
administrative expenses as provided in this section.

S. 3701--A                         25

  2.  An itemized statement of the expenses so ascertained shall be open
to public inspection in the office of the chairman for thirty days after
notice to all carriers by publication, before an assessment may be  made
upon such carriers as hereinafter provided.
  3.  The expenses of administration, including such expenses for prepa-
ration, for the fiscal years ending March thirty-first, in the  year  of
and  the  year  following  the  effective  date of this chapter shall be
consolidated and reimbursed by one assessment made after April first, in
the year following the year of the effective date of this  chapter.  The
chairman  shall  as  soon  as practicable after April first, in the year
following the year of the effective date of this  chapter,  assess  upon
and  collect  from  each  carrier  the  proportion  of such consolidated
expenses for the fiscal years ending March thirty-first, in the year  of
and  the year following the effective date of this chapter, and annually
thereafter as soon as practicable after the close of  each  fiscal  year
the  proportion of such expenses for the preceding fiscal year, that the
total indemnity benefit payments made by such carrier in such year  bore
to  the total indemnity benefit payments made by all insurance carriers.
The amounts so secured shall be used to reimburse the state treasury for
appropriations theretofore made by the state  for  the  payment  in  the
first  instance  of  the  expenses  of administering this chapter and in
connection with the preparations for the taking effect thereof.
  4. The board shall keep an accurate record of all hearings held. Where
the decision of a referee is affirmed by  the  board  upon  review,  the
board  shall  assess  against each insurance carrier seeking such review
the sum of twenty-five dollars and may assess against  any  other  party
the  sum of five dollars. These assessments shall be paid into the state
treasury.
  5. The provisions of subdivision two of section one hundred  fifty-one
of the workers' compensation law shall not be applicable with respect to
the  apportionment  and assessment of the expenses of administering this
chapter, but shall be applicable with respect to the  apportionment  and
assessment  to replenish the fund for reopened cases under section twen-
ty-five-a of the workers' compensation law and section fifty-one of this
article.
  6. Assessments for the fund for reopened cases and for the  operations
of the workers' compensation board shall not constitute elements of loss
but shall for recoupment purposes be treated as separate costs by carri-
ers.  Carriers shall assess such costs on their policyholders in accord-
ance with rules set forth by the New York compensation insurance  rating
board, as approved by the superintendent of insurance.
  7.  Notwithstanding  the  provisions  of  subdivision  three  of  this
section, the chair may require that partial payments for expenses of the
fiscal year beginning April first, in the year of the effective date  of
this chapter, and for each fiscal year thereafter, shall be made on June
thirtieth, September thirtieth, December thirty-first and March tenth of
each  year,  or  on  such  other dates as the director of the budget may
prescribe, by each insurance  carrier,  including  the  state  insurance
fund.  Each  such payment shall be a sum equal to twenty-five per centum
of the annual expenses assessed upon each carrier, including  the  state
insurance  fund,  as  estimated by the chair. The balance of assessments
for the fiscal year beginning April first, in the year of the  effective
date of this chapter and each fiscal year thereafter, shall be paid upon
determination of the actual amount due in accordance with the provisions
of  subdivision three of this section. Any overpayment of annual assess-
ments resulting from the  requirements  of  this  subdivision  shall  be

S. 3701--A                         26

refunded  or  at  the  option  of the chair shall be applied as a credit
against the assessment of the succeeding fiscal year.  The  requirements
of  this  subdivision  shall not apply to those carriers whose estimated
annual  assessment  is  less  than one hundred dollars and such carriers
shall make a single payment of the estimated  annual  assessment  on  or
before September thirtieth of the fiscal year.
  8.  Commencing with the fiscal year beginning April first, in the year
following the year of the effective date of this chapter, the provisions
of subdivision six of this section shall be applicable  to  any  county,
city,  town,  village  or  other political subdivision failing to secure
insurance pursuant to subdivisions eight and nine of section  thirty  of
this chapter.
  S 61. Death  or  disability  due to disease or malfunction of heart or
coronary arteries; claims and procedures. 1. A claim  for  benefits  for
the  death  or disability of a volunteer peace officer due to disease or
malfunction of the heart or of one or more coronary  arteries  filed  in
accordance  with  section forty-one of this article, shall not be denied
provided the claimant  introduces  evidence  which  establishes  that  a
volunteer  peace officer suffered disease or malfunction of the heart or
of one or more coronary arteries which caused the disablement  or  death
of  the  volunteer  peace  officer, and that such disease or malfunction
resulted from the duties and activities in  which  the  volunteer  peace
officer  was  engaged  as  set forth in section five of this chapter for
which benefits shall be paid, unless it  can  be  shown  by  substantial
evidence to the contrary that the duties and activities of the volunteer
peace  officer  in  which the volunteer peace officer was engaged at the
time of such disease or malfunction did not cause  or  precipitate  such
disease  or  malfunction;  and  further provided that the injury did not
result solely from the intoxication of the volunteer peace officer while
acting in line of duty or was not occasioned by the wilful intention  of
the  volunteer  peace  officer  to  bring  about  the injury or death of
himself or another.
  2. The chairman of the workers' compensation  board  shall  promulgate
rules  and  regulations providing a priority for controverted claims for
benefits filed as provided in subdivision  one  of  this  section.  Such
rules  and regulations shall also prescribe a form to be used for making
claims for such benefits.  Such  form  shall  specifically  request  the
information necessary in order to receive an award of benefits.
  3.  This  section  shall not be construed to repeal by implication any
existing provision of law.
                                ARTICLE V
                         EFFECT UPON OTHER LAWS
Section 90. References to workers' compensation law.
  S 90. References to workers' compensation law. Where the provisions of
any section or part of any section of the workers' compensation law  are
made  applicable  to  this chapter and are incorporated herein by refer-
ence, the following terms  used  in  such  provisions  of  the  workers'
compensation  law  shall  have  the  following  meanings  when  read  in
connection with this chapter:
  1. "Accident" means "injury" as defined in this chapter.
  2. "Dependent husband" means the "surviving spouse" of a female volun-
teer peace officer, as defined in this chapter.
  3. "Employee" means a volunteer peace officer who has been or might be
injured in line of duty or who dies or might die  from  the  effects  of
such an injury.

S. 3701--A                         27

  4.  "Employment" means service of a volunteer peace officer in line of
duty.
  5. "Employer" means the political subdivision or law enforcement agen-
cy liable for payment of financial benefits pursuant to this chapter.
  6. "Injury" means "injury" as defined in this chapter.
  7. "Injured worker" means injured volunteer peace officer.
  8.  "Insurance  carrier"  means "insurance carrier" as defined in this
chapter.
  9. "Same employ" means the same law enforcement agency, or in the same
service for a political subdivision, or district or area thereof, pursu-
ant to a call for assistance.
  10. "Workers' compensation" means the benefits payable to a  volunteer
peace  officer  or  his  dependents  pursuant to this chapter, including
medical treatment and care, except when a different meaning obviously is
intended.
  Where any such section is so made applicable and is  so  incorporated,
and  there is a reference therein to another section or provision of the
workers' compensation law which also has been made  applicable  to  this
chapter,  such  reference  shall  be  deemed  to  include the applicable
section or provision of this chapter if  such  inclusion  is  consistent
with the provisions of this chapter.
  S  2.  Section  837  of  the  executive law is amended by adding a new
subdivision 19 to read as follows:
  19. OPERATE A REGISTRY OF VOLUNTEER PEACE OFFICER PROGRAMS ESTABLISHED
BY LOCAL MUNICIPALITIES PURSUANT TO SECTION TWO  HUNDRED  SIX-C  OF  THE
GENERAL  MUNICIPAL  LAW,  AND PRESCRIBE A TRAINING COURSE FOR SUCH PEACE
OFFICERS.
  S 3. The general municipal law is amended  by  adding  a  new  section
206-c to read as follows:
  S 206-C. VOLUNTEER PEACE OFFICER PROGRAMS. 1. AS USED IN THIS SECTION,
A  VOLUNTEER  PEACE  OFFICER  SHALL MEAN AN UNPAID EMPLOYEE OF A PROGRAM
REGISTERED WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES  PURSUANT  TO
SUBDIVISION NINETEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECU-
TIVE  LAW,  WHO  HAS  BEEN  TRAINED  BY POLICE, SHERIFF OR OTHER ACADEMY
APPROVED BY SUCH DIVISION.
  2. ANY LOCAL MUNICIPALITY MAY  ESTABLISH  A  VOLUNTEER  PEACE  OFFICER
PROGRAM  BY  REGISTERING WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
INCLUDING A ROSTER OF APPLICANTS, ALL OF WHOM SHALL MEET THE  QUALIFICA-
TIONS LISTED IN SUBDIVISION THREE OF THIS SECTION.
  3.  APPLICANTS  FOR  VOLUNTEER  PEACE  OFFICER  SHALL  MEET ALL OF THE
FOLLOWING QUALIFICATIONS:
  A. BE A CITIZEN OF THE UNITED STATES AND A RESIDENT OF  THE  STATE  OF
NEW YORK.
  B.  BE  AT  LEAST  TWENTY-ONE YEARS OF AGE AND NO MORE THAN SIXTY-FIVE
YEARS OF AGE.  CONTINUANCE AS A VOLUNTEER PEACE OFFICER DEPENDS ON  SUCH
PERSON'S  ABILITY  TO  FULFILL  ASSIGNED DUTIES AS DETERMINED BY MUNICI-
PALITIES APPROVED BY A PHYSICIAN IN CONJUNCTION WITH THE  PROVISIONS  OF
THIS SUBDIVISION.
  C.  PASS  A  GENERAL PHYSICAL AS PRESCRIBED BY THE HIRING MUNICIPALITY
AND GIVEN BY AN AUTHORIZED DOCTOR WHO IS FAMILIAR WITH  THE  DEMANDS  OF
ACTIVE  POLICE WORK. SUCH PHYSICAL SHALL INCLUDE EYESIGHT CORRECTABLE TO
A MINIMUM STANDARD AS PRESCRIBED BY THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  D.    PASS  ANY  OTHER  QUALIFYING TESTS NECESSARY FOR THEIR DUTIES AS
PRESCRIBED BY HIRING MUNICIPALITY BY PERSONS QUALIFIED IN THEIR  RESPEC-

S. 3701--A                         28

TIVE  AREAS  SUCH AS BUT NOT LIMITED TO EYESIGHT, AGILITY AND PSYCHOLOG-
ICAL EXAMS.
  E.  PASS  ONGOING  PHYSICAL AND OTHER TESTS AS DEEMED NECESSARY BY THE
HIRING MUNICIPALITY TO QUALIFY FOR ONGOING EMPLOYMENT.
  F. HAVE A VALID DRIVER'S LICENSE FREE FROM MAJOR MOVING VIOLATIONS.
  G. HAVE BOTH A VERBAL AND WRITTEN PROFICIENCY IN THE ENGLISH LANGUAGE.
  4. IN ADDITION TO  THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  THE  LOCAL  MUNICIPALITY SHALL PROVIDE AN INTERVIEW PROCEDURE,
INCLUDING THE FINGERPRINTING OF THE INDIVIDUAL. THE  FINGERPRINTS  SHALL
BE  USED AS A CHECK ON ANY PRIOR CRIMINAL HISTORY WHICH WOULD DISQUALIFY
THE APPLICANT FROM PEACE OFFICER STATUS.
  5. THE MUNICIPALITY MAY PETITION  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  FOR  SPECIFIC  LIMITED DUTY WAIVERS AS TO AGE, PHYSICAL CONDI-
TION, DRIVING ABILITY, OR FLUENCY IN ENGLISH.
  6. APPLICANT MUST PASS A TRAINING COURSE PRESCRIBED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES. THE MUNICIPALITY SHALL ESTABLISH  A  STANDARD
OPERATING  PROCEDURE,  WHICH SHALL BE FILED WITH THE DIVISION, AND WHICH
SHALL SET FORTH THE DUTIES ANTICIPATED WHICH MAY  INCLUDE  UNARMED  SELF
DEFENSE, USE OF IMPACT AND CHEMICAL WEAPONS; TRAFFIC CONTROL AND DRIVING
SKILLS.    IF THE OFFICER IS REQUIRED TO CARRY A FIREARM, TRAINING SHALL
BE GIVEN AS PRESCRIBED BY THE DIVISION, AND AN APPROPRIATE LICENSE SHALL
BE OBTAINED AS PROVIDED IN SECTION 400.00 OF THE PENAL LAW.
  7. UPON SUCCESSFUL COMPLETION OF ALL REQUIRED CLASSES AND  TESTS,  THE
APPLICANT  WILL  BE  REGISTERED  WITH  THE DIVISION AS A VOLUNTEER PEACE
OFFICER AND WILL HAVE THE LEGAL STATUS OF A PEACE OFFICER WHILE PERFORM-
ING AUTHORIZED ACTIVITIES WITHIN THE DUTIES ASSIGNED BY THE LOCAL  MUNI-
CIPALITY.
  S 4. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 83 to read as follows:
  83.  VOLUNTEER PEACE OFFICERS; PROVIDED, HOWEVER, THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER OR AGENT TO CARRY,
POSSESS, REPAIR, OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE  LICENSE
THEREFOR  HAS  BEEN  ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW;
AND PROVIDED FURTHER THAT SUCH  OFFICER  OR  AGENT  SHALL  EXERCISE  THE
POWERS  OF A PEACE OFFICER ONLY WHEN HE OR SHE IS ACTING PURSUANT TO HIS
OR HER SPECIAL DUTIES.
  S 5. Effect of unconstitutionality in part. If any  clause,  sentence,
paragraph, subdivision, section or part of the volunteer peace officers'
benefit  law,  as  established  by  section  one  of  this act, shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgement  shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  subdivision,  section  or  part thereof directly involved in the
controversy in which such judgement shall have been rendered.
  S 6. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.