S T A T E   O F   N E W   Y O R K
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                                  5675

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on Local Governments

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  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]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  detec-
tive-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 ambu-
lance medical technician employed by the county of Nassau, or any super-
vising 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 HEMP-
STEAD, 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 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 regular salary or wages until his OR HER disa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09254-02-5
              

A. 5675                             2

bility 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 notwith-
standing  the foregoing provisions of this section, the municipal health
authorities or any physician appointed for the purpose  by  the  munici-
pality,  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 [policeman] 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  [policeman]  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 [policeman] POLICE OFFICER has  recovered  and
is  physically able to perform his OR HER regular duties. Any injured or
sick [policeman] 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 [policeman] POLICE  OFFICER,  a
member  of  a  police force of any county, city, any such advanced ambu-
lance medical technician 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 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 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

A. 5675                             3

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  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,  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  [policeman]  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 [policeman] 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 [policeman] POLICE OFFICER has recovered and is physically  able
to  perform  his  OR HER regular duties. Any injured or sick [policeman]
POLICE OFFICER who shall refuse to accept medical treatment or  hospital
care  or  shall refuse to permit medical inspections as [herein] author-
ized 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 [policeman] POLICE OFFICER or
any such advanced ambulance medical technician.
  S 3. This act shall take effect immediately; provided, that the amend-
ments to subdivision 1 of section 207-c of  the  general  municipal  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 7 of  chapter  628  of
the  laws  of  1991,  as  amended, when upon such date the provisions of
section two of this act shall take effect.