S T A T E O F N E W Y O R K
________________________________________________________________________
473
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
___________
Introduced by M. of A. PAULIN, OTIS, LAWRENCE, COOK, CROUCH, HOOPER,
McDONOUGH -- read once and referred to the Committee on Governmental
Employees
AN ACT to amend the general municipal law, in relation to optional disa-
bility coverage for county probation officers
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 1 of chapter 522 of the laws of 2015, 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
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] ANY county [of Nassau], any COUNTY probation officer
[of the 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 treat-
ment 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
disability arising therefrom has ceased, and, in addition such munici-
pality shall be liable for all medical treatment and hospital care
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00274-01-7
A. 473 2
necessitated by reason of such injury or illness. Provided, however,
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] POLICE
OFFICER, from time to time, for the purpose of providing medical, surgi-
cal 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 recov-
ered 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[, 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 [policeman] POLICE OFFICER, a
member of a police force of any county, city, any such advanced ambu-
lance medical technician, any such detention officer or any such detec-
tive-investigator or any other such investigator who is a police officer
pursuant to the provisions of the criminal procedure law.
§ 2. Subdivision 1 of section 207-c of the general municipal law, as
amended by section 2 of chapter 522 of the laws of 2015, 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] ANY county [of
Nassau], any COUNTY probation officer [of the 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 munici-
pality or The Long Island Rail Road Company by which he OR SHE is
employed the full 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
A. 473 3
reason of such injury or illness. Provided, however, and notwithstand-
ing 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 Compa-
ny, as relevant, 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] POLICE
OFFICER, from time to time, for the purpose of providing medical, surgi-
cal 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 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 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, any
such advanced ambulance medical technician or any such detention offi-
cer.
§ 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.