S T A T E O F N E W Y O R K
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3106
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Governmental Employees
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.
LBD03578-01-3
A. 3106 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-
A. 3106 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, however, that
the amendments to subdivision 1 of section 207-c of the general munici-
pal law made by section two of this act shall take effect on the same
date and in the same manner as chapter 628 of the laws of 1991, takes
effect.