S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    473
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, OTIS, LAWRENCE, COOK, CROUCH, HOOPER,
   McDONOUGH -- read once and referred to the Committee  on  Governmental
   Employees
 
 AN ACT to amend the general municipal law, in relation to optional disa-
   bility coverage for county probation officers

   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] ANY county [of Nassau], any COUNTY probation officer
 [of the 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 treat-
 ment 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
 disability arising therefrom has ceased, and, in addition  such  munici-
 pality  shall  be  liable  for  all  medical treatment and hospital care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00274-01-7

 A. 473                              2
 
 necessitated by reason of such injury or illness.    Provided,  however,
 and notwithstanding the foregoing provisions of this section, the munic-
 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] POLICE
 OFFICER, from time to time, for the purpose of providing medical, surgi-
 cal 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  recov-
 ered  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[, 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  treat-
 ment  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] ANY  county  [of
 Nassau],  any  COUNTY probation officer [of the 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  munici-
 pality  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 municipality or The Long Island Rail Road Company shall
 be  liable  for  all medical treatment and hospital care necessitated by

 A. 473                              3
 
 reason of such injury or illness.  Provided, however, and  notwithstand-
 ing  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 Compa-
 ny, as relevant, 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]  POLICE
 OFFICER, from time to time, for the purpose of providing medical, surgi-
 cal  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  authorized[,  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.