S T A T E O F N E W Y O R K
________________________________________________________________________
1951
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to providing
coverage for injuries while in the line of duty by bay constables in
the town of Hempstead, Nassau county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 207-c of the general municipal
law, as amended by section 3 of chapter 675 of the laws of 1997, is
amended to read as follows:
1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county (hereinafter referred to as a
"policeman") or any member of a police force of any county, city of less
than one million population, town or village, or of any district, agen-
cy, board, body or commission thereof, or a detective-investigator or
any other investigator who is a police officer pursuant to the
provisions of the criminal procedure law employed in the office of a
district attorney of any county, or any corrections officer of the coun-
ty of Erie department of corrections, or an advanced ambulance medical
technician employed by the county of Nassau, or any supervising fire
inspector, fire inspector, fire marshal or assistant fire marshal
employed full-time in the county of Nassau fire marshal's office, or at
the option of the county of Nassau, any probation officer of the county
of Nassau, OR ANY DIRECTOR OF BAY CONSTABLES, ASSISTANT DIRECTOR OF BAY
CONSTABLES, BAY CONSTABLE II, OR BAY CONSTABLE EMPLOYED BY THE DEPART-
MENT OF CONSERVATION AND WATERWAYS IN THE TOWN OF HEMPSTEAD, COUNTY OF
NASSAU, who is injured in the performance of his OR HER duties or who is
taken sick as a result of the performance of his OR HER duties so as to
necessitate medical or other lawful remedial treatment shall be paid by
the municipality by which he OR SHE is employed the full amount of his
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05675-01-3
A. 1951 2
OR HER regular salary or wages until his OR HER disability arising ther-
efrom has ceased, and, in addition such municipality shall be liable for
all medical treatment and hospital care necessitated by reason of such
injury or illness. Provided, however, and notwithstanding the foregoing
provisions of this section, the municipal health authorities or any
physician appointed for the purpose by the municipality, after a deter-
mination has first been made that such injury or sickness was incurred
during, or resulted from, such performance of duty, may attend any such
injured or sick [policeman] POLICE OFFICER, from time to time, for the
purpose of providing medical, surgical or other treatment, or for making
inspections and the municipality shall not be liable for salary or wages
payable to such [policeman] POLICE OFFICER, or for the cost of medical
treatment or hospital care furnished after such date as such health
authorities or physician shall certify that such injured or sick
[policeman] POLICE OFFICER has recovered and is physically able to
perform his OR HER regular duties. Any injured or sick [policeman]
POLICE OFFICER who shall refuse to accept medical treatment or hospital
care or shall refuse to permit medical inspections as [herein] author-
ized IN THIS SECTION, including examinations pursuant to subdivision two
of this section, shall be deemed to have waived his OR HER rights under
this section in respect to expenses for medical treatment or hospital
care rendered and for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE OFFICER, a
member of a police force of any county, city, any such advanced ambu-
lance medical technician or any such detective-investigator or any other
such investigator who is a police officer pursuant to the provisions of
the criminal procedure law.
S 2. Subdivision 1 of section 207-c of the general municipal law, as
amended by section 4 of chapter 675 of the laws of 1997, is amended to
read as follows:
1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county or any member of a police force
of any county, city of less than one million population, town or
village, or of any district, agency, board, body or commission thereof,
or any LIRR police officer as defined in paragraph two of subdivision a
of section three hundred eighty-nine of the retirement and social secu-
rity law whose benefits are provided in and pursuant to such section
three hundred eighty-nine, or a detective-investigator or any other
investigator who is a police officer pursuant to the provisions of the
criminal procedure law employed in the office of a district attorney of
any county, or any corrections officer of the county of Erie department
of corrections, or an advanced ambulance medical technician employed by
the county of Nassau, or any supervising fire inspector, fire inspector,
fire marshal, or assistant fire marshal employed full-time in the county
of Nassau fire marshal's office, or at the option of the county of
Nassau, any probation officer of the county of Nassau, OR ANY DIRECTOR
OF BAY CONSTABLES, ASSISTANT DIRECTOR OF BAY CONSTABLES, BAY CONSTABLE
II, OR BAY CONSTABLE EMPLOYED BY THE DEPARTMENT OF CONSERVATION AND
WATERWAYS IN THE TOWN OF HEMPSTEAD, COUNTY OF NASSAU, who is injured in
the performance of his OR HER duties or who is taken sick as a result of
the performance of his OR HER duties so as to necessitate medical or
other lawful remedial treatment shall be paid by the municipality or The
Long Island Rail Road Company by which he OR SHE is employed the full
A. 1951 3
amount of his OR HER regular salary or wages from such employer until
his OR HER disability arising therefrom has ceased, and, in addition
such municipality or The Long Island Rail Road Company shall be liable
for all medical treatment and hospital care necessitated by reason of
such injury or illness. Provided, however, and notwithstanding the
foregoing provisions of this section, the municipal or The Long Island
Rail Road Company health authorities or any physician appointed for the
purpose by the municipality or The Long Island Rail Road Company, as
relevant, after a determination has first been made that such injury or
sickness was incurred during, or resulted from, such performance of
duty, may attend any such injured or sick [policeman] POLICE OFFICER,
from time to time, for the purpose of providing medical, surgical or
other treatment, or for making inspections, and the municipality or The
Long Island Rail Road Company, as the case may be, shall not be liable
for salary or wages payable to such [policeman] POLICE OFFICER, or for
the cost of medical treatment or hospital care furnished after such date
as such health authorities or physician shall certify that such injured
or sick [policeman] POLICE OFFICER has recovered and is physically able
to perform his OR HER regular duties. Any injured or sick [policeman]
POLICE OFFICER who shall refuse to accept medical treatment or hospital
care or shall refuse to permit medical inspections as [herein] author-
ized IN THIS SECTION, including examinations pursuant to subdivision two
of this section, shall be deemed to have waived his OR HER rights under
this section in respect to expenses for medical treatment or hospital
care rendered and for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE OFFICER or
any such advanced ambulance medical technician.
S 3. This act shall take effect immediately; provided, that the amend-
ments to subdivision 1 of section 207-c of the general municipal law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 7 of chapter 628 of
the laws of 1991, as amended, when upon such date the provisions of
section two of this act shall take effect.