S T A T E O F N E W Y O R K
________________________________________________________________________
5675
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
___________
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]POLICE OFFICER") 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 a detec-
tive-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 ambu-
lance medical technician employed by the county of Nassau, or any super-
vising 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 HEMP-
STEAD, 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 OR HER regular salary or wages until his OR HER disa-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09254-02-5
A. 5675 2
bility 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 notwith-
standing the foregoing provisions of this section, the municipal health
authorities or any physician appointed for the purpose by the munici-
pality, 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 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] authorized 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. 5675 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.