S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4093
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 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  1 of chapter 522 of the laws of 2015, 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
 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  DEPART-
 MENT  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 by which he OR SHE is employed the full amount  of  his
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08747-01-7

 A. 4093                             2
 
 OR HER regular salary or wages until his OR HER disability arising ther-
 efrom 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  municipal health authorities or any
 physician appointed for the purpose by the municipality, after a  deter-
 mination  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]  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, a
 member of a police force of any county, city, any  such  advanced  ambu-
 lance  medical technician, any such detention officer or any such detec-
 tive-investigator or any other such investigator who is a police officer
 pursuant to the provisions of the criminal procedure law.
   § 2. Subdivision 1 of section 207-c of the general municipal  law,  as
 amended  by  section 2 of chapter 522 of the laws of 2015, 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
 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

 A. 4093                             3
 
 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 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 muni-
 cipality  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 [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, any
 such  advanced  ambulance medical technician or any such detention offi-
 cer.
   § 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.