Senate Bill S7255

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7255
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03578-01-3
              

 S. 7255                             2
 
 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 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
 S. 7255                             3
 
 medical  or other lawful remedial treatment shall be paid by the munici-
 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.