S T A T E O F N E W Y O R K
________________________________________________________________________
2556
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to disability
coverage for detention officers employed by the city of Yonkers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 207-c of the general municipal
law, as amended by section 3 of chapter 675 of the laws of 1997, is
amended to read as follows:
1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county (hereinafter referred to as a
"policeman") or any member of a police force of any county, city of less
than one million population, town or village, or of any district, agen-
cy, board, body or commission thereof, or a detective-investigator or
any other investigator who is a police officer pursuant to the
provisions of the criminal procedure law employed in the office of a
district attorney of any county, or any corrections officer of the coun-
ty of Erie department of corrections, or an advanced ambulance medical
technician employed by the county of Nassau, OR ANY DETENTION OFFICER
EMPLOYED BY THE CITY OF YONKERS, or any supervising fire inspector, fire
inspector, fire marshal or assistant fire marshal employed full-time in
the county of Nassau fire marshal's office, or at the option of the
county of Nassau, any probation officer of the county of Nassau who is
injured in the performance of his duties or who is taken sick as a
result of the performance of his duties so as to necessitate medical or
other lawful remedial treatment shall be paid by the municipality by
which he is employed the full amount of his regular salary or wages
until his disability arising therefrom has ceased, and, in addition such
municipality shall be liable for all medical treatment and hospital care
necessitated by reason of such injury or illness. Provided, however,
and notwithstanding the foregoing provisions of this section, the munic-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02762-01-1
A. 2556 2
ipal health authorities or any physician appointed for the purpose by
the municipality, after a determination has first been made that such
injury or sickness was incurred during, or resulted from, such perform-
ance of duty, may attend any such injured or sick policeman, from time
to time, for the purpose of providing medical, surgical or other treat-
ment, or for making inspections and the municipality shall not be liable
for salary or wages payable to such policeman, or for the cost of
medical treatment or hospital care furnished after such date as such
health authorities or physician shall certify that such injured or sick
policeman has recovered and is physically able to perform his regular
duties. Any injured or sick policeman who shall refuse to accept medical
treatment or hospital care or shall refuse to permit medical inspections
as herein authorized, including examinations pursuant to subdivision two
of this section, shall be deemed to have waived his rights under this
section in respect to expenses for medical treatment or hospital care
rendered and for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such policeman, a member of a police
force of any county, city, any such advanced ambulance medical techni-
cian, ANY SUCH DETENTION OFFICER or any such detective-investigator or
any other such investigator who is a police officer pursuant to the
provisions of the criminal procedure law.
S 2. Subdivision 1 of section 207-c of the general municipal law, as
amended by section 4 of chapter 675 of the laws of 1997, is amended to
read as follows:
1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county or any member of a police force
of any county, city of less than one million population, town or
village, or of any district, agency, board, body or commission thereof,
or any LIRR police officer as defined in paragraph two of subdivision a
of section three hundred eighty-nine of the retirement and social secu-
rity law whose benefits are provided in and pursuant to such section
three hundred eighty-nine, or a detective-investigator or any other
investigator who is a police officer pursuant to the provisions of the
criminal procedure law employed in the office of a district attorney of
any county, or any corrections officer of the county of Erie department
of corrections, or an advanced ambulance medical technician employed by
the county of Nassau, OR ANY DETENTION OFFICER EMPLOYED BY THE CITY OF
YONKERS, or any supervising fire inspector, fire inspector, fire
marshal, or assistant fire marshal employed full-time in the county of
Nassau fire marshal's office, or at the option of the county of Nassau,
any probation officer of the county of Nassau who is injured in the
performance of his duties or who is taken sick as a result of the
performance of his duties so as to necessitate medical or other lawful
remedial treatment shall be paid by the municipality or The Long Island
Rail Road Company by which he is employed the full amount of his regular
salary or wages from such employer until his disability arising there-
from has ceased, and, in addition such municipality or The Long Island
Rail Road Company shall be liable for all medical treatment and hospital
care necessitated by reason of such injury or illness. Provided, howev-
er, and notwithstanding the foregoing provisions of this section, the
municipal or The Long Island Rail Road Company health authorities or any
physician appointed for the purpose by the municipality or The Long
Island Rail Road Company, as relevant, after a determination has first
A. 2556 3
been made that such injury or sickness was incurred during, or resulted
from, such performance of duty, may attend any such injured or sick
policeman, from time to time, for the purpose of providing medical,
surgical or other treatment, or for making inspections, and the munici-
pality or The Long Island Rail Road Company, as the case may be, shall
not be liable for salary or wages payable to such policeman, or for the
cost of medical treatment or hospital care furnished after such date as
such health authorities or physician shall certify that such injured or
sick policeman has recovered and is physically able to perform his regu-
lar duties. Any injured or sick policeman who shall refuse to accept
medical treatment or hospital care or shall refuse to permit medical
inspections as herein authorized, including examinations pursuant to
subdivision two of this section, shall be deemed to have waived his
rights under this section in respect to expenses for medical treatment
or hospital care rendered and for salary or wages payable after such
refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such policeman [or], any such
advanced ambulance medical technician OR ANY SUCH DETENTION OFFICER.
S 3. This act shall take effect immediately, provided that section one
of this act shall expire and be deemed repealed on the same date as the
amendments to subdivision 1 of section 207-c of the general municipal
law, made by section 1 of chapter 628 of the laws of 1991, take effect,
when upon such date section two of this act shall take effect.