senate Bill S4095

Vetoed By Governor
2013-2014 Legislative Session

Makes provisions for payment to certain peace officers employed by department of corrections and community supervision for salary and medical expenses while subject to sickness

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 vetoed memo.516
Nov 10, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.597
substituted for a5899a
Jun 11, 2014 referred to codes
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1244
committee discharged and committed to rules
Jan 08, 2014 referred to finance
returned to senate
died in assembly
Jun 24, 2013 referred to ways and means
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1639
committee discharged and committed to rules
Mar 08, 2013 referred to finance

Votes

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Jun 10, 2014 - Rules committee Vote

S4095
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 21, 2013 - Rules committee Vote

S4095
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S4095 - Bill Details

See Assembly Version of this Bill:
A5899A
Law Section:
State Finance Law
Laws Affected:
Add ยง209-c, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6289, A2391A
2009-2010: A2340

S4095 - Bill Texts

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Provides that peace officers employed by the department of corrections and community supervision who suffer an employment related illness shall receive their salary and medical expenses until disability has ceased; makes related provisions including provision for monitoring by state health authorities and for transfer of such peace officer to duties he or she can perform with consent.

view sponsor memo
BILL NUMBER:S4095

TITLE OF BILL: An act to amend the state finance law, in relation to
compensation and medical expenses of certain injured state employees

PURPOSE OR GENERAL IDEA OF BILL: Makes provisions for payment to
peace officers employed by the division of parole for salary and
medical expenses while subject to sickness.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the state finance
law to add a new section 209-c.

JUSTIFICATION: Peace officers employed in the state department of
corrections and community supervision perform hazardous duty,on behalf
of the people of the state of New York on a daily basis. They are at
risk of being injured in the performance of these duties and should be
afforded the same protection against the financial hardship which may
result as are those individuals employed by municipalities in the
performance of similar law enforcement responsibilities.

PRIOR LEGISLATIVE HISTORY: 2011 - Referred to Finance 2012 - Referred
to Finance

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4095

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to  compensation  and
  medical expenses of certain injured state employees

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

  Section 1. The state finance law is amended by adding  a  new  section
209-c to read as follows:
  S  209-C.  PAYMENT  OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
PAROLE OFFICERS, PAROLE REVOCATION SPECIALISTS OR  WARRANT  OFFICERS  IN
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WITH INJURIES OR
ILLNESS  INCURRED  IN  THE PERFORMANCE OF DUTIES. 1. ANY PAROLE OFFICER,
PAROLE REVOCATION SPECIALIST OR WARRANT OFFICER  IN  THE  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  (HEREINAFTER  REFERRED TO AS A
"PEACE OFFICER") 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 STATE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES
UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS CEASED, AND, IN  ADDI-
TION  THE  STATE  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
STATE HEALTH AUTHORITIES OR ANY PHYSICIAN APPOINTED FOR THE  PURPOSE  BY
THE STATE, 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 PEACE OFFICER,  FROM  TIME  TO
TIME, FOR THE PURPOSE OF PROVIDING MEDICAL, SURGICAL OR OTHER TREATMENT,
OR  FOR  MAKING INSPECTIONS AND THE STATE SHALL NOT BE LIABLE FOR SALARY
OR WAGES PAYABLE TO SUCH PEACE 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  PEACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09635-02-3

S. 4095                             2

OFFICER HAS RECOVERED AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGU-
LAR DUTIES. ANY INJURED OR SICK PEACE OFFICER 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  OR
HER  RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR MEDICAL TREAT-
MENT 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 PEACE OFFICER.
  2. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS  PROVIDED
BY  SUBDIVISION  ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT
TO ANY PEACE OFFICER WHO IS PERMANENTLY DISABLED AS A RESULT OF AN INJU-
RY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS OR  HER
DUTIES IF SUCH PEACE OFFICER IS GRANTED AN ACCIDENTAL DISABILITY RETIRE-
MENT  ALLOWANCE  PURSUANT  TO  SECTION SIXTY-THREE OF THE RETIREMENT AND
SOCIAL SECURITY LAW, A RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION  PROVIDED  BY
THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICATION FOR SUCH
RETIREMENT  ALLOWANCE  OR  PENSION  IS  NOT  MADE BY SUCH PEACE OFFICER,
APPLICATION THEREFOR MAY BE MADE BY THE COMMISSIONER OF  THE  DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION.
  3.  IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH
ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR  DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
ITY  PENSION AND IS NEVERTHELESS, IN THE OPINION OF SUCH HEALTH AUTHORI-
TIES OR PHYSICIAN, UNABLE TO PERFORM HIS OR  HER  REGULAR  DUTIES  AS  A
RESULT  OF  SUCH  INJURY  OR  SICKNESS BUT IS ABLE, IN THEIR OPINION, TO
PERFORM SPECIFIED TYPES OF LIGHT PEACE OFFICER DUTY, PAYMENT OF THE FULL
AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED  BY  SUBDIVISION  ONE  OF
THIS  SECTION,  SHALL BE DISCONTINUED WITH RESPECT TO SUCH PEACE OFFICER
IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PEACE  OFFICER  DUTY  IF
THE SAME IS AVAILABLE AND OFFERED TO HIM OR HER; PROVIDED, HOWEVER, THAT
SUCH  LIGHT  DUTY  SHALL BE CONSISTENT WITH HIS OR HER STATUS AS A PEACE
OFFICER AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO HIS OR
HER REGULAR SALARY OR WAGES,  INCLUDING  INCREASES  THEREOF  AND  FRINGE
BENEFITS,  TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED IF HE OR SHE WERE
ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
  4. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
OFFICIALS MAY TRANSFER SUCH A PEACE OFFICER TO  A  POSITION  IN  ANOTHER
UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU-
ANT  TO  APPLICABLE  CIVIL  SERVICE  REQUIREMENTS AND PROVIDED THE PEACE
OFFICER SHALL CONSENT THERETO.
  5. IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS  NOT  GRANTED  AN
ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
ITY PENSION, HE OR SHE SHALL NOT BE ENTITLED TO FURTHER PAYMENT  OF  THE
FULL  AMOUNT  OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE
OF THIS SECTION, AFTER HE OR  SHE  SHALL  HAVE  ATTAINED  THE  MANDATORY
SERVICE  RETIREMENT  AGE APPLICABLE TO HIM OR HER OR SHALL HAVE ATTAINED
THE AGE OR PERFORMED THE PERIOD OF SERVICE SPECIFIED BY  APPLICABLE  LAW
FOR THE TERMINATION OF HIS OR HER SERVICE. WHERE SUCH A PEACE OFFICER IS
TRANSFERRED  TO  ANOTHER  POSITION  PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION OR RETIRES OR IS RETIRED UNDER ANY PROCEDURE APPLICABLE  TO  HIM

S. 4095                             3

OR HER, INCLUDING BUT NOT LIMITED TO CIRCUMSTANCES DESCRIBED IN SUBDIVI-
SION  TWO OF THIS SECTION OR IN THIS SUBDIVISION, HE OR SHE SHALL THERE-
AFTER, IN ADDITION TO ANY RETIREMENT ALLOWANCE OR PENSION TO WHICH HE OR
SHE  IS  THEN ENTITLED, CONTINUE TO BE ENTITLED TO MEDICAL TREATMENT AND
HOSPITAL CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS.
  6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  CAUSE  OF
ACTION  SHALL  ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM OR SUMS
ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI-
TAL CARE AS AGAINST ANY THIRD PARTY AGAINST WHOM THE PEACE OFFICER SHALL
HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR  SICKNESS  CAUSED  BY
SUCH THIRD PARTY.
  S 2. This act shall take effect immediately.

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