Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.
STATE OF NEW YORK
________________________________________________________________________
567
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to disability
coverage for detention officers employed by the city of Yonkers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 207-c of the general municipal
2 law, as amended by section 3 of chapter 675 of the laws of 1997, is
3 amended to read as follows:
4 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
5 the sheriff's department of any county (hereinafter referred to as a
6 "policeman") or any member of a police force of any county, city of less
7 than one million population, town or village, or of any district, agen-
8 cy, board, body or commission thereof, or a detective-investigator or
9 any other investigator who is a police officer pursuant to the
10 provisions of the criminal procedure law employed in the office of a
11 district attorney of any county, or any corrections officer of the coun-
12 ty of Erie department of corrections, or an advanced ambulance medical
13 technician employed by the county of Nassau, or any detention officer
14 employed by the city of Yonkers, or any supervising fire inspector, fire
15 inspector, fire marshal or assistant fire marshal employed full-time in
16 the county of Nassau fire marshal's office, or at the option of the
17 county of Nassau, any probation officer of the county of Nassau who is
18 injured in the performance of his duties or who is taken sick as a
19 result of the performance of his duties so as to necessitate medical or
20 other lawful remedial treatment shall be paid by the municipality by
21 which he is employed the full amount of his regular salary or wages
22 until his disability arising therefrom has ceased, and, in addition such
23 municipality shall be liable for all medical treatment and hospital care
24 necessitated by reason of such injury or illness. Provided, however,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00924-01-3
A. 567 2
1 and notwithstanding the foregoing provisions of this section, the munic-
2 ipal health authorities or any physician appointed for the purpose by
3 the municipality, after a determination has first been made that such
4 injury or sickness was incurred during, or resulted from, such perform-
5 ance of duty, may attend any such injured or sick policeman, from time
6 to time, for the purpose of providing medical, surgical or other treat-
7 ment, or for making inspections and the municipality shall not be liable
8 for salary or wages payable to such policeman, or for the cost of
9 medical treatment or hospital care furnished after such date as such
10 health authorities or physician shall certify that such injured or sick
11 policeman has recovered and is physically able to perform his regular
12 duties. Any injured or sick policeman who shall refuse to accept medical
13 treatment or hospital care or shall refuse to permit medical inspections
14 as herein authorized, including examinations pursuant to subdivision two
15 of this section, shall be deemed to have waived his rights under this
16 section in respect to expenses for medical treatment or hospital care
17 rendered and for salary or wages payable after such refusal.
18 Notwithstanding any provision of law to the contrary, a provider of
19 medical treatment or hospital care furnished pursuant to the provisions
20 of this section shall not collect or attempt to collect reimbursement
21 for such treatment or care from any such policeman, a member of a police
22 force of any county, city, any such advanced ambulance medical techni-
23 cian, any such detention officer or any such detective-investigator or
24 any other such investigator who is a police officer pursuant to the
25 provisions of the criminal procedure law.
26 § 2. Subdivision 1 of section 207-c of the general municipal law, as
27 amended by section 4 of chapter 675 of the laws of 1997, is amended to
28 read as follows:
29 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
30 the sheriff's department of any county or any member of a police force
31 of any county, city of less than one million population, town or
32 village, or of any district, agency, board, body or commission thereof,
33 or any LIRR police officer as defined in paragraph two of subdivision a
34 of section three hundred eighty-nine of the retirement and social secu-
35 rity law whose benefits are provided in and pursuant to such section
36 three hundred eighty-nine, or a detective-investigator or any other
37 investigator who is a police officer pursuant to the provisions of the
38 criminal procedure law employed in the office of a district attorney of
39 any county, or any corrections officer of the county of Erie department
40 of corrections, or an advanced ambulance medical technician employed by
41 the county of Nassau, or any detention officer employed by the city of
42 Yonkers, or any supervising fire inspector, fire inspector, fire
43 marshal, or assistant fire marshal employed full-time in the county of
44 Nassau fire marshal's office, or at the option of the county of Nassau,
45 any probation officer of the county of Nassau who is injured in the
46 performance of his duties or who is taken sick as a result of the
47 performance of his duties so as to necessitate medical or other lawful
48 remedial treatment shall be paid by the municipality or The Long Island
49 Rail Road Company by which he is employed the full amount of his regular
50 salary or wages from such employer until his disability arising there-
51 from has ceased, and, in addition such municipality or The Long Island
52 Rail Road Company shall be liable for all medical treatment and hospital
53 care necessitated by reason of such injury or illness. Provided, howev-
54 er, and notwithstanding the foregoing provisions of this section, the
55 municipal or The Long Island Rail Road Company health authorities or any
56 physician appointed for the purpose by the municipality or The Long
A. 567 3
1 Island Rail Road Company, as relevant, after a determination has first
2 been made that such injury or sickness was incurred during, or resulted
3 from, such performance of duty, may attend any such injured or sick
4 policeman, from time to time, for the purpose of providing medical,
5 surgical or other treatment, or for making inspections, and the munici-
6 pality or The Long Island Rail Road Company, as the case may be, shall
7 not be liable for salary or wages payable to such policeman, or for the
8 cost of medical treatment or hospital care furnished after such date as
9 such health authorities or physician shall certify that such injured or
10 sick policeman has recovered and is physically able to perform his regu-
11 lar duties. Any injured or sick policeman who shall refuse to accept
12 medical treatment or hospital care or shall refuse to permit medical
13 inspections as herein authorized, including examinations pursuant to
14 subdivision two of this section, shall be deemed to have waived his
15 rights under this section in respect to expenses for medical treatment
16 or hospital care rendered and for salary or wages payable after such
17 refusal.
18 Notwithstanding any provision of law to the contrary, a provider of
19 medical treatment or hospital care furnished pursuant to the provisions
20 of this section shall not collect or attempt to collect reimbursement
21 for such treatment or care from any such policeman [or], any such
22 advanced ambulance medical technician or any such detention officer.
23 § 3. This act shall take effect immediately, provided that the amend-
24 ments to subdivision 1 of section 207-c of the general municipal law
25 made by section one of this act shall be subject to the expiration and
26 reversion of such subdivision pursuant to section 7 of chapter 628 of
27 the laws of 1991, as amended, when upon such date the provisions of
28 section two of this act shall take effect.