New York State Assembly

 
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A01644 Summary:

A01644 Actions:

A01644 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:06/06/2017AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Johns
Aye
Colton
Excused
Palumbo
Aye
Cusick
Aye
Crouch
Aye
Zebrowski
Aye
DenDekker
Aye
Santabarbara
Aye
Brindisi
Aye
D'Urso
Aye
Pheffer Amato
Aye

Committee:CODES   Chair:Lentol      
DATE:06/07/2017AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/13/2017AYE/NAY:32/1  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Excused
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2017AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Excused
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A01644 Floor Votes:

A01644 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1644
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by M. of A. SKOUFIS, MOSLEY, GUNTHER, HEVESI, AUBRY, SKARTA-
          DOS, BRINDISI, BENEDETTO, CUSICK, BRONSON, GIGLIO, GRAF,  RAIA,  FAHY,
          STECK, PERRY, HOOPER, COLTON, MOYA, HAWLEY, STIRPE, SEPULVEDA, PALMES-
          ANO  --  Multi-Sponsored by -- M. of A. COOK, FARRELL, KOLB, SALADINO,
          WALTER -- read once and referred  to  the  Committee  on  Governmental
          Employees
 
        AN  ACT  to amend the state finance law, in relation to compensation and
          medical expenses of certain injured state employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  state finance law is amended by adding a new section
     2  209-c to read as follows:
     3    § 209-c. Payment of salary, wages, medical and  hospital  expenses  of
     4  employees  in  the  parole  officer  series  titles, herein after called
     5  parole officers.  1. Any employee in the parole officer title series, in
     6  the department of corrections and community supervision who  is  injured
     7  in the performance of his or her duties or who is taken sick as a result
     8  of  the performance of his or her duties so as to necessitate medical or
     9  other lawful remedial treatment shall be paid  by  the  state  the  full
    10  amount  of his or her regular salary or wages for the duration of his or
    11  her leave for occupational injury or  disease  as  provided  by  section
    12  seventy-one of the civil service law and, in addition the state shall be
    13  liable  for  all  medical  treatment  and  hospital care necessitated by
    14  reason of such injury or illness. Provided, however, and notwithstanding
    15  the foregoing provisions of this section, the state  health  authorities
    16  or  any physician appointed for the purpose by the state, after a deter-
    17  mination has first been made that such injury or sickness  was  incurred
    18  during,  or resulted from, such performance of duty, may attend any such
    19  injured or sick parole officer, from time to time, for  the  purpose  of
    20  providing   medical,   surgical   or  other  treatment,  or  for  making
    21  inspections and the state shall not be liable for salary or wages  paya-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02917-01-7
        A. 1644                             2
 
     1  ble  to  such  parole  officer,  or for the cost of medical treatment or
     2  hospital care furnished after such date as such  health  authorities  or
     3  physician  shall  certify  that  such injured or sick parole officer has
     4  recovered  and  is physically able to perform his or her regular duties.
     5  Any injured or sick parole officer who shall refuse  to  accept  medical
     6  treatment or hospital care or shall refuse to permit medical inspections
     7  as  herein  authorized  shall be deemed to have waived his or her rights
     8  under this section in respect  to  expenses  for  medical  treatment  or
     9  hospital  care  rendered  and  for  salary  or  wages payable after such
    10  refusal.
    11    Notwithstanding any provision of law to the contrary,  a  provider  of
    12  medical  treatment or hospital care furnished pursuant to the provisions
    13  of this section shall not collect or attempt  to  collect  reimbursement
    14  for such treatment or care from any such parole officer.
    15    2.  Payment of the full amount of regular salary or wages, as provided
    16  by subdivision one of this section, shall be discontinued  with  respect
    17  to  any  parole  officer  who  is permanently disabled as a result of an
    18  injury or sickness incurred or resulting from the performance of his  or
    19  her  duties  if  such parole officer is granted an accidental disability
    20  retirement allowance pursuant to section sixty-three of  the  retirement
    21  and  social  security  law,  a  retirement  for  disability  incurred in
    22  performance of duty allowance or similar accidental  disability  pension
    23  provided by the pension fund of which he or she is a member. If applica-
    24  tion for such retirement allowance or pension is not made by such parole
    25  officer,  application  therefor  may  be made by the commissioner of the
    26  department of corrections and community supervision.
    27    3. If such a parole officer is not eligible for or is not granted such
    28  accidental disability retirement allowance or retirement for  disability
    29  incurred in performance of duty allowance or similar accidental disabil-
    30  ity  pension and is nevertheless, in the opinion of such health authori-
    31  ties or physician, unable to perform his or  her  regular  duties  as  a
    32  result  of  such  injury  or  sickness but is able, in their opinion, to
    33  perform specified types of light parole officer  duty,  payment  of  the
    34  full  amount  of regular salary or wages, as provided by subdivision one
    35  of this section, shall be discontinued with respect to such parole offi-
    36  cer if he or she shall refuse to perform such light parole officer  duty
    37  if  the  same is available and offered to him or her; provided, however,
    38  that such light duty shall be consistent with his or  her  status  as  a
    39  parole officer and shall enable him or her to continue to be entitled to
    40  his  or  her  regular  salary  or wages, including increases thereof and
    41  fringe benefits, to which he or she would have been entitled  if  he  or
    42  she were able to perform his or her regular duties.
    43    4. The appropriate department of corrections and community supervision
    44  officials  may  transfer  such a parole officer to a position in another
    45  unit or office within the department where they are able to do so pursu-
    46  ant to applicable civil service requirements  and  provided  the  parole
    47  officer shall consent thereto.
    48    5.  If  such a parole officer is not eligible for or is not granted an
    49  accidental disability retirement allowance or retirement for  disability
    50  incurred in performance of duty allowance or similar accidental disabil-
    51  ity  pension,  he or she shall not be entitled to further payment of the
    52  full amount of regular salary or wages, as provided by  subdivision  one
    53  of  this  section,  after  he  or  she shall have attained the mandatory
    54  service retirement age applicable to him or her or shall  have  attained
    55  the  age  or performed the period of service specified by applicable law
    56  for the termination of his or her service.
        A. 1644                             3
 
     1    6. Notwithstanding any provision of law to the contrary,  a  cause  of
     2  action  shall  accrue to the state for reimbursement in such sum or sums
     3  actually paid as salary or wages and/or for medical treatment and hospi-
     4  tal care as against any third party  against  whom  the  parole  officer
     5  shall have a cause of action for the injury sustained or sickness caused
     6  by such third party.
     7    7. Nothing herein shall waive, modify, or limit any rights or benefits
     8  provided  by  the  workers'  compensation law to covered parole officers
     9  which exceed the benefits contained herein or continue beyond  the  term
    10  of  a  covered parole officer's leave for occupational injury or disease
    11  as provided by section seventy-one of the civil service law.
    12    § 2. This act shall take effect immediately.