Senate Bill S8028

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8028
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 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.
                                                            LBD01774-01-5
              

 S. 8028                             2
 
 performance  of  [his  or  her]  THEIR  duties or who is taken sick as a
 result of the performance of [his or her] THEIR duties so as to necessi-
 tate medical or other lawful remedial treatment shall  be  paid  by  the
 municipality  or  The Long Island Rail Road Company by which [he or she]
 SUCH PERSON is employed the full amount of [his or  her]  SUCH  PERSON'S
 regular  salary  or  wages  from  such employer until [his or her] THEIR
 disability arising therefrom has ceased, and, in addition  such  munici-
 pality  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]  THEIR  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 examina-
 tions pursuant to subdivision two of this section, shall  be  deemed  to
 have  waived  [his or her] THEIR 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] THEIR duties or who is  taken
 S. 8028                             3
 
 sick  as  a result of the performance of [his or her] THEIR 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]  THEIR  regular  salary or wages until [his or her] THEIR
 disability arising therefrom has ceased, and, in addition  such  munici-
 pality  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  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  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] THEIR 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]  THEIR  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.