Senate Bill S6025

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6025
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10554-01-1

 S. 6025                             2
 
 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  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 muni-
 cipality or The Long Island Rail Road Company shall be  liable  for  all
 medical treatment and hospital care necessitated by reason of such inju-
 ry  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 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 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  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
 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  CONSERVA-
 TION  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  munici-

 S. 6025                             3
 
 pality  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 municipality shall be liable for all
 medical treatment and hospital care necessitated by reason of such inju-
 ry  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 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 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 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.