S T A T E   O F   N E W   Y O R K
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                                  2520

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

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:

  Section 1. Subdivision 1 of section 207-c  of  the  general  municipal
law,  as  amended  by  section  3 of chapter 675 of the laws of 1997, 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
"policeman") or any member of a police force of any county, city of less
than  one million population, town or village, or of any district, agen-
cy, 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 who is
injured in the performance of his duties or  who  is  taken  sick  as  a
result  of the performance of his duties so as to necessitate medical or
other lawful remedial treatment shall be paid  by  the  municipality  by
which  he  is  employed  the  full amount of his regular salary or wages
until his 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 injury or illness.    Provided,  however,
and notwithstanding the foregoing provisions of this section, the munic-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01579-01-9
              

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ipal  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 perform-
ance  of  duty, may attend any such injured or sick policeman, from time
to time, for the purpose of providing medical, surgical or other  treat-
ment, or for making inspections and the municipality shall not be liable
for  salary  or  wages  payable  to  such  policeman, 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
policeman has recovered and is physically able to  perform  his  regular
duties. Any injured or sick policeman who shall refuse to accept medical
treatment or hospital care or shall refuse to permit medical inspections
as herein authorized, including examinations pursuant to subdivision two
of  this  section,  shall be deemed to have waived his 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 policeman, a member of a police
force of any county, city, any such advanced ambulance  medical  techni-
cian,  ANY  SUCH DETENTION OFFICER or any such detective-investigator or
any other such investigator who is a  police  officer  pursuant  to  the
provisions of the criminal procedure law.
  S  2.  Subdivision 1 of section 207-c of the general municipal law, as
amended by section 4 of chapter 675 of the laws of 1997, 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  who  is  injured  in  the
performance  of  his  duties  or  who  is  taken sick as a result of the
performance of his 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 is employed the full amount of his regular
salary or wages from such employer until his disability  arising  there-
from  has  ceased, and, in addition such municipality or The Long Island
Rail Road Company shall be liable for all medical treatment and hospital
care necessitated by reason of such injury or illness.  Provided, howev-
er, 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

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been  made that such injury or sickness was incurred during, or resulted
from, such performance of duty, may attend  any  such  injured  or  sick
policeman,  from  time  to  time,  for the purpose of providing medical,
surgical  or other treatment, or for making inspections, and the munici-
pality or The Long Island Rail Road Company, as the case may  be,  shall
not  be liable for salary or wages payable to such policeman, 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 policeman has recovered and is physically able to perform his regu-
lar duties. Any injured or sick policeman who  shall  refuse  to  accept
medical  treatment  or  hospital  care or shall refuse to permit medical
inspections as herein authorized,  including  examinations  pursuant  to
subdivision  two  of  this  section,  shall be deemed to have waived his
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 policeman [or], any such
advanced ambulance medical technician OR ANY SUCH DETENTION OFFICER.
  S 3. This act shall take effect immediately, provided that section one
of this act shall expire and be deemed repealed on the same date as  the
amendments  to  subdivision  1 of section 207-c of the general municipal
law, made by section 1 of chapter 628 of the laws of 1991, take  effect,
when upon such date section two of this act shall take effect.