NY State Senate Bill 2019-S8117A

Senate Bill S8117A

2019-2020 Legislative Session

Relates to a presumption regarding impairment of health caused by COVID-19 and to use of sick leave

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2020	print number 8117a
Apr 08, 2020	amend and recommit to local government
Mar 23, 2020	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S8117 - Details

See Assembly Version of this Bill:: A10391
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §§207-r & 92-e, Gen Muni L; add Art 8-B §§180 - 186, amd §15, Work Comp L

2019-S8117 - Summary

Creates a presumption that impairment of health caused by COVID-19 was incurred in the performance and discharge of duty of certain police, parole and probation officers and other emergency responders; relates to use of sick leave due to COVID-19.

2019-S8117 - Sponsor Memo

                                
 
BILL NUMBER: S8117

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to presumption
regarding impairment of health caused by COVID-19 and in relation to
sick leave

 
PURPOSE:

This legislation will provide police, sheriffs, corrections, parole and
probation officers with medical care coverage and sick leave if such
employee is exposed to COVID-19 while working and then tests positive
for COVID-19.

 
SUMMARY OF PROVISIONS:

Section 1. Creates a new section in general municipal law which declares
if law enforcement personnel are exposed to COVID-19 and then test posi-
tive for COVID-19 is shall be presumptive evidence that any disability

or death arising from COVID-19 was incurred in the line of duty.

Section 2. Creates a new section in the general municipal law which
provides that any sick leave taken by law enforcement personnel as a
result of contracting COVID-19 in the line of duty shall not count
towards the employees sick leave.

Section 3. Effective date.

 
JUSTIFICATION:

COVID-19 has been declared a pandemic by the World Health Organization.
Law enforcement personnel are on the front line of any humanitarian
crisis, often putting themselves in harm's way while keeping the commu-
nity safe. This legislation ensures law enforcement's medical care is
provided for if an officer were to contract COVID-19 in performance of
their duties.  Current law requires officers to prove that any disabili-
ty or death occurred in the line of duty. As COVID-19 is highly conta-
gious and as first responders, law enforcement are interacting with a
wide number of people who may be contagious or may not know they are
carrying COVID-19. This will ensure that first responders get the sick
benefits they are entitled to and create presumptive evidence for law
enforcement personnel to rely on. Furthermore, it will also provide that
if diagnosed with COVID-19, a law enforcement officer will not diminish
their sick time during quarantine or while recovering.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately

2019-S8117 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8117
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by Sens. MARTINEZ, BROOKS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in  relation  to  presumption
   regarding  impairment  of health caused by COVID-19 and in relation to
   sick leave
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 207-r to read as follows:
   § 207-R. NOTWITHSTANDING ANY PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF
 THIS CHAPTER, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY  COVID-19,
 RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO ANY SHERIFF, UNDER-
 SHERIFF,  DEPUTY SHERIFF OR CORRECTIONS OFFICER OF THE SHERIFF'S DEPART-
 MENT OF ANY COUNTY, OR ANY MEMBER OF A POLICE FORCE OF ANY COUNTY, CITY,
 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 SECURITY 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 PROBATION OFFICER OF  ANY  DEPARTMENT,  AGENCY  OR
 SERVICE  MAINTAINED  BY  ANY  COUNTY  OR  CITY, OR ANY PAROLE OFFICER AS
 DEFINED BY SECTION TEN OF THE CORRECTIONS LAW,  WHERE  SUCH  OFFICER  IS
 EXPOSED  OR  COMES INTO CONTACT WITH COVID-19 AND SUCH MEMBER TEST POSI-
 TIVE FOR COVID-19, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISABILITY OR
 DEATH (1) WAS CAUSED BY THE NATURAL AND PROXIMATE EXPOSURE,  NOT  CAUSED
 BY  THE OFFICER'S OWN NEGLIGENCE AND (2) WAS INCURRED IN THE PERFORMANCE
 AND DISCHARGE OF DUTY,  UNLESS  THE  CONTRARY  BE  PROVEN  BY  COMPETENT
 EVIDENCE.
   § 2. The general municipal law is amended by adding a new section 92-e
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15859-02-0

 S. 8117                             2
 
   §  92-E.  SICK  LEAVE  FOR OFFICERS AND EMPLOYEES WITH COVID-19. 1.(A)
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  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  WITH  A POPULATION OF LESS THAN ONE MILLION, 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 PROBATION OFFICERS OF ANY DEPARTMENT, AGENCY OR SERVICE
 MAINTAINED BY ANY COUNTY OR CITY,  OR  PAROLE  OFFICERS  AS  DEFINED  BY
 SECTION  TEN  OF THE CORRECTION LAW WHO WAS EXPOSED OR CAME INTO CONTACT
 WITH COVID-19 AND SUCH OFFICER TESTS POSITIVE FOR COVID-19,  AS  DEFINED
 IN SECTION TWO HUNDRED SEVEN-R OF THIS CHAPTER, SHALL, AFTER THE RECEIPT
 OF  A  WRITTEN  REQUEST  FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF
 DUTY SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS  DIAGNOSED
 WITH  COVID-19.  THE  OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR
 HER REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS  DURING  WHICH  THE
 OFFICER OR EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER COVID-19. SUCH
 LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED
 SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO  DISCIPLINE  AN  OFFICER  OR  EMPLOYEE  BY
 TERMINATION,  REDUCTION  OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
 TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED  HIS  OR  HER  PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   2.(A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY,  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 WITH A POPULATION OF ONE MILLION OR MORE, 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 PROBATION OFFICERS OF ANY DEPARTMENT, AGENCY OR SERVICE
 MAINTAINED BY ANY COUNTY OR CITY,  OR  PAROLE  OFFICERS  AS  DEFINED  BY
 SECTION  TEN OF THE CORRECTION LAW WHO (I) DO NOT RECEIVE BENEFITS SIMI-
 LAR TO THOSE  PROVIDED  BY  THIS  SECTION  PURSUANT  TO  A  COLLECTIVELY
 BARGAINED  AGREEMENT, SECTION 14-122.1 OF THE ADMINISTRATIVE CODE OF THE

 S. 8117                             3
 
 CITY OF NEW YORK, SECTION 15-108.1 OF THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF  NEW  YORK, OR OTHER STATUTORY PROVISION AND WHO WAS EXPOSED OR
 CAME INTO CONTACT WITH COVID-19 AND  SUCH  OFFICER  TESTS  POSITIVE  FOR
 COVID-19,  AS  DEFINED  IN  SECTION TWO HUNDRED SEVEN-R OF THIS CHAPTER,
 SHALL, AFTER THE RECEIPT OF A WRITTEN REQUEST  FOR  LINE  OF  DUTY  SICK
 LEAVE,  BE  GRANTED  LINE OF DUTY SICK LEAVE COMMENCING ON THE DATE THAT
 SUCH EMPLOYEE WAS DIAGNOSED WITH COVID-19. THE OFFICER OR EMPLOYEE SHALL
 BE COMPENSATED AT HIS OR HER REGULAR RATE OF PAY FOR THOSE REGULAR  WORK
 HOURS  DURING  WHICH  THE OFFICER OR EMPLOYEE IS ABSENT FROM WORK DUE TO
 HIS OR HER COVID-19. SUCH LEAVE SHALL BE PROVIDED  WITHOUT  LOSS  OF  AN
 OFFICER OR EMPLOYEE'S ACCRUED SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO  DISCIPLINE  AN  OFFICER  OR  EMPLOYEE  BY
 TERMINATION,  REDUCTION  OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
 TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED  HIS  OR  HER  PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR
 EMPLOYEE'S WAGE RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE  FOR  WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4.  A  REQUEST,  FOR  LINE  OF DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICERS OR EMPLOYEE'S EXPOSURE OR CONTACT  WITH
 COVID-19  AND  SUCH  POLICE  OFFICER'S  OR  EMPLOYEE'S POSITIVE TEST FOR
 COVID-19 AND ANY MEDICAL RECORDS CONCERNING SUCH OFFICER'S OR EMPLOYEE'S
 NOTICE OF EXPOSURE OR CONTACT WITH COVID-19 AND SUCH POLICE OFFICER'S OR
 EMPLOYEE'S POSITIVE TEST FOR COVID-19 IN THE POSSESSION OF  THE  RETIRE-
 MENT  SYSTEM  IN  WHICH  SUCH  OFFICER  OR  EMPLOYEE IS A MEMBER FOR THE
 PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS OR HER CLAIM FOR  LINE
 OF  DUTY  SICK  LEAVE.  SUCH WAIVER SHALL BE IN THE FORM REQUIRED BY THE
 RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER, ALONG WITH THE  APPLI-
 CATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER EMPLOYER.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8117A (ACTIVE) - Details

See Assembly Version of this Bill:: A10391
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §§207-r & 92-e, Gen Muni L; add Art 8-B §§180 - 186, amd §15, Work Comp L

2019-S8117A (ACTIVE) - Summary

2019-S8117A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8117A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to presumption
regarding impairment of health caused by COVID-19 and in relation to
sick leave; and to amend the workers' compensation law, in relation to
workers' compensation coverage and benefits for employees who partic-
ipated in essential services during the COVID-19 outbreak

 
SUMMARY OF PROVISIONS:

Section 1. Creates a new section in general municipal law which declares
if law enforcement personnel are exposed to COVID-19 and then test posi-
tive for COVID-19 shall be presumptive evidence that any disability or
death arising from COVID-19 was incurred in the line of duty.

Section 2. Creates a new section in the general municipal law which
provides that any sick leave taken by law enforcement personnel as a
result of contracting COVID-19 in the line of duty shall not count
towards the employee's sick leave.

Section 3. Creation of a new section in the workers compensation law to
ensure that all essential employees - at private and public insti-
tutions, will have medical treatment covered if they contract COVID-19.

Section 4. Effective date.

 
JUSTIFICATION:

COVID-19 has been declared a pandemic by the World Health Organization.
States across he nation have been ordering people to stay home and
social distance. For the providers of essential services, these individ-
uals do not have the option to work from home.  They are the child
protective services workers, the grocery store clerks, the delivery
workers, first responders, the nurses, the sanitation workers, the law
enforcement officers and so many others.

On the front line of this humanitarian crisis, these individuals are
often putting themselves in harm's way to keep the community safe and
provide essential services to New Yorkers. This legislation will ensure
medical care and treatment is provided for if, an essential employee
were to contract COVID-19 in performance of their duties.

Current workers' compensation law and line of duty benefits require
employees to prove that any disability or death occurred while on the
job. COVID-19 is highly contagious and essential employees are interact-
ing with a wide number of people who may be contagious or may not know
they are carrying COVID-19.  This legislation will ensure that employees
have the peace of mind that if they were to become sick, their medical
care would be covered.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:  To be determined

 
EFFECTIVE DATE:  Immediately

2019-S8117A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8117--A
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sens. MARTINEZ, BROOKS, GAUGHRAN, KAMINSKY -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Local Government -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the general municipal law, in relation to presumption
   regarding impairment of health caused by COVID-19 and in  relation  to
   sick leave; and to amend the workers' compensation law, in relation to
   workers'  compensation coverage and benefits for employees who partic-
   ipated in essential services during the COVID-19 outbreak
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 207-r to read as follows:
   § 207-R. NOTWITHSTANDING ANY PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF
 THIS CHAPTER, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY  COVID-19,
 RESULTING  IN  TOTAL OR PARTIAL DISABILITY, DEATH, ACCIDENTAL DISABILITY
 OR ACCIDENTAL DEATH TO 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, 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 SECURITY  LAW,  OR  ANY
 PAID   OFFICER   OR   MEMBER   OF   AN  ORGANIZED  FIRE  COMPANY OR FIRE
 DEPARTMENT OF A CITY, TOWN, VILLAGE  OR   FIRE   DISTRICT, OR  EMERGENCY
 MEDICAL  TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC,
 WHOSE  BENEFITS  ARE  PROVIDED  IN  AND  PURSUANT  TO SUCH SECTION THREE
 HUNDRED EIGHTY-NINE, OR A DETECTIVE-INVESTIGATOR OR ANY  OTHER  INVESTI-
 GATOR WHO IS A POLICE OFFICER PURSUANT TO THE PROVISIONS OF THE CRIMINAL
 PROCEDURE LAW EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY OF ANY COUN-
 TY,  OR ANY PROBATION OFFICER OF ANY DEPARTMENT, AGENCY OR SERVICE MAIN-
 TAINED BY ANY COUNTY OR CITY,  OR  ANY  PAROLE  OFFICER  AS  DEFINED  BY
 SECTION  TEN  OF  THE CORRECTION LAW, OR A PEACE OFFICER EMPLOYED BY THE
 UNIFIED COURT SYSTEM OR A MEMBER OF THE UNIFORMED  CORRECTION  FORCE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15859-05-0

 S. 8117--A                          2
 
 NEW  YORK  CITY  DEPARTMENT OF CORRECTION OR OF THE STATE OR ANY MUNICI-
 PALITY, OR POLICE OFFICER EMPLOYED BY  THE  METROPOLITAN  TRANSPORTATION
 AUTHORITY,  OR  A  POLICE  OFFICER EMPLOYED BY THE PORT AUTHORITY OF NEW
 YORK  AND NEW JERSEY OR POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-
 FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR  MEMBERS  OF  THE
 REGIONAL  STATE  PARK POLICE, MEMBERS OF THE DIVISION OF LAW ENFORCEMENT
 IN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  MEMBERS  HOLDING  THE
 POSITION  OF  FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, UNIVERSITY POLICE OFFICERS APPOINTED BY  THE  STATE
 UNIVERSITY  AS  DEFINED  IN THE RETIREMENT AND SOCIAL SECURITY LAW WHOSE
 BENEFITS ARE PROVIDED IN AND PURSUANT TO SECTION THREE  HUNDRED  EIGHTY-
 THREE, THREE HUNDRED EIGHTY-THREE-A, THREE HUNDRED EIGHTY-THREE-B, THREE
 HUNDRED  EIGHTY-THREE-C,  OR THREE HUNDRED EIGHTY-THREE-D OF THE RETIRE-
 MENT AND SOCIAL SECURITY LAW, TROOPERS AND TROOPER INVESTIGATORS, OR ANY
 SUPERVISING FIRE INSPECTOR, FIRE INSPECTOR, FIRE MARSHAL,  OR  ASSISTANT
 FIRE  MARSHAL  WHERE  SUCH OFFICER IS EXPOSED OR COMES INTO CONTACT WITH
 COVID-19 AND SUCH MEMBER TEST POSITIVE FOR COVID-19, SHALL  BE  PRESUMP-
 TIVE EVIDENCE THAT SUCH PERMANENT OR PARTIAL DISABILITY OR DEATH (1) WAS
 CAUSED BY THE NATURAL AND PROXIMATE EXPOSURE, NOT CAUSED BY THE INDIVID-
 UAL'S  OWN  NEGLIGENCE  AND  (2)  WAS  INCURRED  IN  THE PERFORMANCE AND
 DISCHARGE OF DUTY AND  PROXIMATE  RESULT  OF  AN  ACCIDENT,  UNLESS  THE
 CONTRARY  BE  PROVEN  BY COMPETENT EVIDENCE.  ANY INDIVIDUAL PURSUANT TO
 THIS SECTION THAT IS TAKEN ILL IN 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, THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY OR THE METROPOLITAN  TRANSPORTATION
 AUTHORITY  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, IN ADDITION THE MUNICIPALITY OR THE LONG
 ISLAND RAIL ROAD COMPANY, THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY
 OR  THE  METROPOLITAN TRANSPORTATION AUTHORITY SHALL BE LIABLE FOR FIFTY
 PERCENT OF ALL MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY  SUCH
 REASON OF ILLNESS AND THE STATE SHALL BE LIABLE FOR FIFTY PERCENT.
   § 2. The general municipal law is amended by adding a new section 92-e
 to read as follows:
   §  92-E.  SICK  LEAVE  FOR OFFICERS AND EMPLOYEES WITH COVID-19. 1.(A)
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  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  WITH  A POPULATION OF LESS THAN ONE MILLION, TOWN OR
 VILLAGE, OR OF ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION  THEREOF,
 OR,  ANY  POLICE  OFFICER WHOSE BENEFITS ARE PROVIDED IN AND PURSUANT TO
 SECTION THREE HUNDRED EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,  THREE
 HUNDRED  EIGHTY-THREE-B,  THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED
 EIGHTY-THREE-D OF THE RETIREMENT AND SOCIAL SECURITY LAW,  TROOPERS  AND
 TROOPER  INVESTIGATORS,  OR  ANY LIRR POLICE OFFICER AS DEFINED IN PARA-
 GRAPH TWO OF SUBDIVISION A OF SECTION THREE HUNDRED EIGHTY-NINE  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, OR ANY  PAID  OFFICER  OR  MEMBER
 OF  AN  ORGANIZED  FIRE  COMPANY OR FIRE DEPARTMENT  OF  A  CITY,  TOWN,
 VILLAGE  OR  FIRE  DISTRICT, OR EMERGENCY  MEDICAL  TECHNICIAN, ADVANCED
 EMERGENCY  MEDICAL  TECHNICIAN OR PARAMEDIC, WHOSE BENEFITS ARE PROVIDED
 IN AND PURSUANT TO SUCH SECTION THREE HUNDRED EIGHTY-NINE, 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  PROBATION  OFFICERS  OF
 ANY  DEPARTMENT,  AGENCY OR SERVICE MAINTAINED BY ANY COUNTY OR CITY, OR

 S. 8117--A                          3
 
 PAROLE OFFICERS AS DEFINED BY SECTION TEN OF THE CORRECTION  LAW,  OR  A
 PEACE  OFFICER  EMPLOYED  BY THE UNIFIED COURT SYSTEM OR A MEMBER OF THE
 UNIFORMED CORRECTION FORCE OF NEW YORK CITY DEPARTMENT OF CORRECTION  OR
 OF  THE  STATE  OR  ANY  MUNICIPALITY, OR POLICE OFFICER EMPLOYED BY THE
 METROPOLITAN TRANSPORTATION AUTHORITY, OR A POLICE OFFICER  EMPLOYED  BY
 THE  PORT  AUTHORITY  OF  NEW  YORK  AND NEW JERSEY OR POLICE OFFICER AS
 DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW,  OR ANY SUPERVISING FIRE INSPECTOR, FIRE INSPECTOR, FIRE
 MARSHAL, OR ASSISTANT FIRE MARSHAL WHO WAS EXPOSED OR CAME INTO  CONTACT
 WITH  COVID-19  AND  SUCH  INDIVIDUAL  TESTS  POSITIVE  FOR COVID-19, AS
 DEFINED IN SECTION TWO HUNDRED SEVEN-R OF THIS CHAPTER, SHALL, AFTER THE
 RECEIPT OF A WRITTEN REQUEST FOR LINE OF DUTY  SICK  LEAVE,  BE  GRANTED
 LINE  OF  DUTY  SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS
 DIAGNOSED WITH COVID-19. THE INDIVIDUAL SHALL BE COMPENSATED AT  HIS  OR
 HER  REGULAR  RATE  OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE
 INDIVIDUAL IS ABSENT FROM WORK DUE TO HIS OR HER  COVID-19.  SUCH  LEAVE
 SHALL BE PROVIDED WITHOUT LOSS OF AN INDIVIDUAL'S ACCRUED SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO DISCIPLINE AN INDIVIDUAL  BY  TERMINATION,
 REDUCTION  OF  SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN
 APPOINTEE WHO HAS NOT COMPLETED HIS OR HER  PROBATIONARY  TERM;  AND  TO
 APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN INDIVIDUAL.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW,  RULE  OR REGULATION TO THE
 CONTRARY, ANY SHERIFF, UNDERSHERIFF, DEPUTY SHERIFF OR CORRECTIONS OFFI-
 CER OF THE SHERIFF'S DEPARTMENT OF ANY COUNTY OR ANY MEMBER OF A  POLICE
 FORCE OF ANY COUNTY, CITY WITH A POPULATION OF ONE MILLION OR MORE, TOWN
 OR VILLAGE, OR OF ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION THERE-
 OF,  ANY  POLICE  OFFICER WHOSE BENEFITS ARE PROVIDED IN AND PURSUANT TO
 SECTION THREE HUNDRED EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,  THREE
 HUNDRED  EIGHTY-THREE-B,  THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED
 EIGHTY-THREE-D OF THE RETIREMENT AND SOCIAL SECURITY LAW,  TROOPERS  AND
 TROOPER  INVESTIGATORS,  OR  ANY LIRR POLICE OFFICER AS DEFINED IN PARA-
 GRAPH TWO OF SUBDIVISION A OF SECTION THREE HUNDRED EIGHTY-NINE  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, OR ANY  PAID  OFFICER  OR  MEMBER
 OF  AN  ORGANIZED  FIRE  COMPANY OR FIRE DEPARTMENT  OF  A  CITY,  TOWN,
 VILLAGE  OR  FIRE  DISTRICT, OR EMERGENCY  MEDICAL  TECHNICIAN, ADVANCED
 EMERGENCY  MEDICAL  TECHNICIAN OR PARAMEDIC, WHOSE BENEFITS ARE PROVIDED
 IN AND PURSUANT TO SUCH SECTION THREE HUNDRED EIGHTY-NINE, 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  PROBATION  OFFICERS  OF
 ANY  DEPARTMENT,  AGENCY OR SERVICE MAINTAINED BY ANY COUNTY OR CITY, OR
 PAROLE OFFICERS AS DEFINED BY SECTION TEN OF THE CORRECTION LAW WHO  (I)
 DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS SECTION PURSU-
 ANT  TO  A  COLLECTIVELY  BARGAINED  AGREEMENT,  SECTION 14-122.1 OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  SECTION  15-108.1  OF  THE

 S. 8117--A                          4
 
 ADMINISTRATIVE  CODE  OF  THE  CITY  OF  NEW  YORK,  OR  OTHER STATUTORY
 PROVISION AND WHO WAS EXPOSED OR CAME INTO  CONTACT  WITH  COVID-19  AND
 SUCH  INDIVIDUAL  TESTS POSITIVE FOR COVID-19, AS DEFINED IN SECTION TWO
 HUNDRED  SEVEN-R  OF THIS CHAPTER, SHALL, AFTER THE RECEIPT OF A WRITTEN
 REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK  LEAVE
 COMMENCING  ON  THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH COVID-19.
 THE INDIVIDUAL SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE  OF  PAY
 FOR  THOSE REGULAR WORK HOURS DURING WHICH THE INDIVIDUAL IS ABSENT FROM
 WORK DUE TO HIS OR HER COVID-19. SUCH LEAVE SHALL  BE  PROVIDED  WITHOUT
 LOSS OF AN INDIVIDUAL'S ACCRUED SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO DISCIPLINE AN INDIVIDUAL  BY  TERMINATION,
 REDUCTION  OF  SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN
 APPOINTEE WHO HAS NOT COMPLETED HIS OR HER  PROBATIONARY  TERM;  AND  TO
 APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN INDIVIDUAL.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION  ONE  OR TWO OF THIS SECTION MULTIPLIED BY SUCH INDIVID-
 UAL'S WAGE RATE AT THE TIME THAT SUCH SICK LEAVE FOR WHICH REIMBURSEMENT
 IS BEING SOUGHT WAS TAKEN.
   4. A REQUEST, FOR LINE OF DUTY SICK LEAVE  SHALL  BE  IN  WRITING  AND
 INCLUDE  A  WAIVER OF THE PROTECTION AFFORDED TO THE INDIVIDUAL PURSUANT
 TO THE HEALTH INSURANCE PORTABILITY  AND  ACCOUNTABILITY  ACT  TO  ALLOW
 DISCLOSURE  OF  THE  INDIVIDUAL'S  EXPOSURE OR CONTACT WITH COVID-19 AND
 SUCH INDIVIDUAL'S POSITIVE TEST FOR COVID-19  AND  ANY  MEDICAL  RECORDS
 CONCERNING  SUCH  INDIVIDUAL'S  EMPLOYEE'S NOTICE OF EXPOSURE OR CONTACT
 WITH COVID-19 AND SUCH INDIVIDUAL'S POSITIVE TEST FOR  COVID-19  IN  THE
 POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH INDIVIDUAL IS A MEMBER
 FOR  THE  PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS OR HER CLAIM
 FOR LINE OF DUTY SICK LEAVE. SUCH WAIVER SHALL BE IN THE  FORM  REQUIRED
 BY  THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER, ALONG WITH THE
 APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER EMPLOYER.
   § 3. The workers' compensation law is amended by adding a new  article
 8-B to read as follows:
                                ARTICLE 8-B
               ESSENTIAL EMPLOYEES DURING COVID-19 OUTBREAK
 SECTION 180. DEFINITIONS.
         181. REGISTRATION  OF  PARTICIPATION IN ESSENTIAL EMPLOYEE OPER-
                ATIONS.
         182. NOTICE.
         183. DISABLEMENT  OF  AN  ESSENTIAL  EMPLOYEE  DURING   COVID-19
                OUTBREAK TREATED AS AN ACCIDENT.
         184. REOPENING OF DISALLOWED CLAIMS.
         185. LIABILITY OF EMPLOYER AND INSURANCE CARRIER.
         186. CLAIMS OF VOLUNTEERS.

 S. 8117--A                          5
 
   §  180.  DEFINITIONS. 1. "ESSENTIAL EMPLOYEE DURING COVID-19 OUTBREAK"
 MEANS AN EMPLOYEE WHO WORKED AT AN ESSENTIAL BUSINESS DURING THE  COVID-
 19  OUTBREAK BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY, AS DEFINED BY
 EXECUTIVE ORDER 202.6  OR  GUIDANCE  BY  EMPIRE  STATE  DEVELOPMENT,  OR
 RECEIVED  A  WAIVER  AS AN ESSENTIAL BUSINESS FROM EMPIRE STATE DEVELOP-
 MENT.
   2. "QUALIFYING CONDITION" MEANS  TESTS  POSITIVE  FOR  COVID-19  WHILE
 WORKING FOR AN ESSENTIAL EMPLOYER DURING COVID-19 OUTBREAK.
   3.  "DISABLEMENT"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SECTION
 THIRTY-SEVEN OF THIS CHAPTER AND DETERMINED BY THE  BOARD  IN  THE  SAME
 MANNER AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER.
   § 181. REGISTRATION OF PARTICIPATION IN ESSENTIAL EMPLOYEE OPERATIONS.
 IN ORDER FOR THE CLAIM OF AN ESSENTIAL EMPLOYEE DURING COVID-19 OUTBREAK
 TO  COME WITHIN THE APPLICATION OF THIS ARTICLE, SUCH EMPLOYEE MUST FILE
 A WRITTEN AND SWORN STATEMENT WITH THE BOARD ON A  FORM  PROMULGATED  BY
 THE  CHAIR  INDICATING THE DATES AND LOCATIONS OF SUCH PARTICIPATION AND
 THE NAME OF THE PARTICIPANT'S EMPLOYER  DURING  THE  PERIOD  OF  PARTIC-
 IPATION.    SUCH STATEMENT MUST BE FILED NOT LATER THAN DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO. THE BOARD SHALL TRANSMIT A COPY OF  SUCH
 STATEMENT TO THE EMPLOYER OR CARRIER NAMED THEREIN. THE FILING OF SUCH A
 STATEMENT  SHALL  NOT  BE  CONSIDERED THE FILING OF A CLAIM FOR BENEFITS
 UNDER THIS CHAPTER.
   § 182. NOTICE. THE NOTICE REQUIREMENTS FOR INJURY OR  DEATH  RESULTING
 FROM  A  QUALIFYING  CONDITION FOR AN ESSENTIAL EMPLOYEE DURING COVID-19
 OUTBREAK SHALL BE THE SAME AS SET FORTH  IN  SECTION  EIGHTEEN  OF  THIS
 CHAPTER,  EXCEPT  THAT  THE NOTICE SHALL BE GIVEN TO THE EMPLOYER, OR IN
 THE CASE OF A VOLUNTEER, TO THE BOARD, WITHIN TWO YEARS AFTER THE  DISA-
 BLEMENT  OF THE PARTICIPANT OR AFTER THE PARTICIPANT KNEW OR SHOULD HAVE
 KNOWN THAT THE QUALIFYING CONDITION WAS CAUSALLY RELATED TO HIS  OR  HER
 EMPLOYMENT  AS  AN  ESSENTIAL EMPLOYEE DURING COVID-19, WHICHEVER IS THE
 LATER DATE.
   § 183. DISABLEMENT OF AN ESSENTIAL EMPLOYEE DURING  COVID-19  OUTBREAK
 TREATED AS AN ACCIDENT. THE DATE OF DISABLEMENT OF AN ESSENTIAL EMPLOYEE
 DURING  COVID-19  OUTBREAK RESULTING FROM A QUALIFYING CONDITION THAT IS
 CAUSALLY RELATED TO SUCH PARTICIPATION SHALL BE TREATED AS THE HAPPENING
 OF AN ACCIDENT WITHIN THE MEANING OF THIS CHAPTER AND THE PROCEDURE  AND
 PRACTICE  PROVIDED  IN THIS CHAPTER SHALL APPLY TO ALL PROCEEDINGS UNDER
 THIS ARTICLE, EXCEPT WHERE OTHERWISE SPECIFICALLY PROVIDED IN THIS ARTI-
 CLE. THE BOARD SHALL DETERMINE THE DATE  OF  DISABLEMENT  THAT  IS  MOST
 BENEFICIAL TO THE CLAIMANT.
   §  184.  REOPENING  OF  DISALLOWED CLAIMS. THE BOARD, UPON RECEIVING A
 STATEMENT DULY FILED AS REQUIRED UNDER SECTION ONE HUNDRED EIGHTY-ONE OF
 THIS ARTICLE FROM AN ESSENTIAL EMPLOYEE DURING THE COVID-19 OUTBREAK FOR
 A QUALIFYING CONDITION THAT WAS DISALLOWED AS BARRED BY SECTION EIGHTEEN
 OR SECTION TWENTY-EIGHT OF THIS CHAPTER OR BY SECTION ONE HUNDRED EIGHT-
 Y-ONE OF THIS ARTICLE FOR FAILURE TO REGISTER TIMELY, SHALL  REOPEN  AND
 REDETERMINE  SUCH  CLAIM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
 CLE; PROVIDED THAT NO SUCH PREVIOUSLY DISALLOWED CLAIM FOR A  QUALIFYING
 CONDITION  SHALL  BE DETERMINED TO HAVE A DATE OF DISABLEMENT THAT WOULD
 BAR THE CLAIM UNDER SECTION EIGHTEEN OR  SECTION  TWENTY-EIGHT  OF  THIS
 CHAPTER.
   §  185.  LIABILITY  OF EMPLOYER AND INSURANCE CARRIER. THE EMPLOYER IN
 WHOSE EMPLOYMENT AN ESSENTIAL EMPLOYEE IS DURING THE  COVID-19  OUTBREAK
 SHALL  BE  LIABLE FOR FIFTY PERCENT OF ANY CLAIM FOR A QUALIFYING CONDI-
 TION THAT IS PRESUMED TO BE CAUSALLY RELATED,  UNDER  THIS  SECTION,  TO
 SUCH  EMPLOYMENT  AND THE STATE SHALL BE LIABLE FOR FIFTY PERCENT OF ANY

 S. 8117--A                          6
 
 SUCH CLAIM; PROVIDED THAT SUCH PARTICIPATION AROSE OUT  OF  AND  IN  THE
 COURSE  OF SUCH EMPLOYMENT. FOR THE PURPOSE OF DETERMINING WHICH CARRIER
 HAS INSURANCE COVERAGE OF SUCH CLAIM, THE  DATE  OF  ACCIDENT  SHALL  BE
 CONSIDERED THE LAST DAY OF SUCH PARTICIPATION.
   § 186. CLAIMS OF VOLUNTEERS. FOR PERSONS WHO PARTICIPATED AT AN ESSEN-
 TIAL  ENTITY AS VOLUNTEERS AT A NON-PROFIT ORGANIZATION PROVIDING ESSEN-
 TIAL SERVICES, THE UNINSURED EMPLOYERS' FUND SHALL BE DEEMED TO BE   THE
 EMPLOYER FOR THE PURPOSES OF ADMINISTERING AND PAYING CLAIMS PURSUANT TO
 THIS  ARTICLE.  BENEFITS  UNDER  THIS  CHAPTER  SHALL BE PAYABLE TO SUCH
 VOLUNTEERS IN THE FIRST INSTANCE   AND TO  THE  EXTENT  THAT  FUNDS  ARE
 AVAILABLE. THE UNINSURED EMPLOYERS' FUND MAY PAY FOR VOLUNTEERS' MEDICAL
 TREATMENT.
   §  4. Section 15 of the workers' compensation law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. COMPENSATION FOR PERMANENT OR TEMPORARY  PARTIAL  DISABILITY,  OR
 FOR PERMANENT OR TEMPORARY TOTAL DISABILITY DUE TO DISABLEMENT RESULTING
 FROM  A QUALIFYING CONDITION SUFFERED BY AN EMPLOYEE WHO PARTICIPATED IN
 ESSENTIAL OPERATIONS DURING THE COVID-19 OUTBREAK AS SET FORTH IN  ARTI-
 CLE EIGHT-B OF THIS CHAPTER SHALL BE EIGHTY PERCENT.
   §  5.  The  state  shall  reimburse  any public authority or municipal
 corporation of less than one million people for the cost of any line  of
 duty sick leave granted pursuant to this act.
   § 6. This act shall take effect immediately.

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Senate Bill S8117A

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

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2019-S8117 - Details

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2019-S8117A (ACTIVE) - Details

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