NY State Senate Bill S1929

Archive: Last Bill Status - In Senate Committee Local Government Committee

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jan 17, 2019	referred to local government

Co-Sponsors

S1929 (ACTIVE) - Details

See Assembly Version of this Bill:: A2232
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7928, A10613
2017-2018: S2516, S7554, A473, A9667
2021-2022: S2633, S2988, A994
2023-2024: S366, A147

S1929 (ACTIVE) - Summary

Provides optional disability coverage for county probation officers.

S1929 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1929

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to optional disa-
bility coverage for county probation officers

 
PURPOSE:

To allow for optional disability coverage for probation officers.

 
SUMMARY OF PROVISIONS:

Sections 1-2. Amend section 207-c(1) of the General Municipal Law to
include county probation officers among the employees who shall receive
disability coverage equal to their full salary in the event that they
are injured in the performance of their duties.

Section 3. Establishes an effective date.

 
JUSTIFICATION:

Probation officers provide a vital law enforcement element to the commu-
nity's safety and a significant support function to our criminal justice
system. Their duties involve them in virtually all phases of the crimi-
nal justice process, including investigations, presentencing, criminal
supervision, treatment and other preventative corrective services.
Often, probation is relied upon more frequently as a viable alternative
to incarceration or detention. Today's probation officers find them-
selves performing many of the functions performed by their counterparts
in the police and corrections services.

Like other police and peace officers throughout the State, probation
officers are exposed on a daily basis to the risks and dangers involved
in managing an increasingly violent criminal population. In addition,
they are regularly exposed to significant amounts of stress and aggra-
vation, not to mention the possibility of bodily injury that may result
from the performance of their duties. Probation officers, however, are
not eligible under current law to receive comparable disability coverage
for injuries they sustain in the line of performance of those duties.

Fundamental fairness requires that this coverage be extended to
probation officers.

This legislation permits county employers and employee representatives
to negotiate for this benefit through the collective bargaining process
at their option. All costs would be incurred by the employer and/or
employee, as determined through collective bargaining.

 
LEGISLATIVE HISTORY:

2018: S.7554/A.9667 Passed both houses
2017: S.2516/A.473 Passed both houses
2016: S.7928/A.10613 Referred to Local Government/Referred to Ways and
Means
2006: S.3237 Referred to Local Government
2005: S.3237 Referred to Local Government
2004: S.2491 Referred to Local Government
2003:  S.2491 Referred to Local Government
2002: S.2868 Referred to Local Government
2001: S.2868 Referred to Local Government
2000: S.3710 Referred to Local Government
1999: S.3710 Referred to Local Government
1998: S.6384 Recommitted to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1929 (ACTIVE) - Bill Text download pdf


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

                                  1929

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 17, 2019
                               ___________

Introduced  by Sens. GALLIVAN, AKSHAR, HELMING -- 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 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 55 of chapter 476 of the laws of 2018, 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

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

                                                           LBD07020-01-9

S. 1929                             2

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
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  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 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  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
police officer has recovered and is physically able to  perform  his  or
her  regular duties. Any injured or sick police officer who shall refuse
to accept medical treatment or hospital care or shall refuse  to  permit
medical  inspections as herein authorized, including examinations pursu-
ant 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  police  officer,  any  such
advanced ambulance medical technician or any such detention officer.
  §  2.  Subdivision 1 of section 207-c of the general municipal law, as
amended by section 56 of chapter 476 of the laws of 2018, 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
"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 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]
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  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 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

S. 1929                             3

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  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 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 police officer has
recovered and is physically able to perform his or her  regular  duties.
Any  injured  or  sick 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 police officer, a member of a
police force of any county, city, any such  advanced  ambulance  medical
technician,  any such detention officer or any such detective-investiga-
tor or any other such investigator who is a police officer  pursuant  to
the provisions of the criminal procedure law.
  § 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.

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The New York State Senate

senate Bill S1929

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Your Voice

Actions

Co-Sponsors

S1929 (ACTIVE) - Details

S1929 (ACTIVE) - Summary

S1929 (ACTIVE) - Sponsor Memo

S1929 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1929

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Local Government Committee

Your Voice

Actions

Co-Sponsors

Fred Akshar

Pamela Helming

Kevin S. Parker

S1929 (ACTIVE) - Details

S1929 (ACTIVE) - Summary

S1929 (ACTIVE) - Sponsor Memo

S1929 (ACTIVE) - Bill Text download pdf

Comments