senate Bill S1013

2011-2012 Legislative Session

Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured in the line of duty

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Jan 05, 2011 referred to local government

S1013 - Bill Details

See Assembly Version of this Bill:
A2556
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd ยง207-c, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S3928, A2520

S1013 - Bill Texts

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Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.

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BILL NUMBER:S1013

TITLE OF BILL:

An act
to amend the general municipal law, in relation to disability coverage
for detention officers employed by the city of Yonkers

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide for the payment of
salary, wages, medical and hospital expenses of any city of Yonkers
detention officer injured in the line of duty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 and 2 of this bill amends Subdivision 1 of Section 207-c of
the general municipal law, as amended by Section 3 of Chapter 675 of
the Laws of 1997 to include detention officers employed by the City
of Yonkers who are in the performance of his or her duties or who has
taken sick as a result of the performance of his or her duties as to
necessitate medical or other lawful remedial treatment shall by paid
the full amount of his or her salary or wages by the municipality by
which he or she is employed until the disability arising there from
ceases.

In addition, such municipality shall be liable for all medical
treatment and hospital care necessitated by reason of such injury or
illness.

JUSTIFICATION:

The Yonkers Detention officers are a small unit comprised of 23
officers including a supervisor.
This bill would provide these officers with parity with other law
enforcement agencies throughout New York State. Detention officers
experience daily hazards while performing their duties such as
airborne pathogen, TB, Hepatitis and other contagion, violent
prisoner confrontation, constant exposure to noise levels and
transporting prisoners in excess of 14,000 annually, including high
profile and high risk prisoners.

Detention officers, as with other law enforcement officers, often have
high stress-related incidents such as hypertension, heart disease,
and injuries sustained during violent confrontations with prisoners.
They are also exposed to hazardous materials such as drug
paraphernalia during
searches of prisoners and cells. Detention officers also are required
to work in different shifts which statistically have been proved to
take its toll on officers health and well-being.

LEGISLATIVE HISTORY:

2009/2010 - S.3928 (Died - Finance)
2007/2008 - S.8330 (Died - Rules)


FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

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.

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

                                  1013

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law,  in  relation  to  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02762-01-1

S. 1013                             2

and notwithstanding the foregoing provisions of this section, the munic-
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

S. 1013                             3

Island  Rail  Road Company, as relevant, after a determination has first
been made that such injury or sickness was incurred during, or  resulted
from,  such  performance  of  duty,  may attend any such injured or sick
policeman,  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.

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