NY State Senate Bill 2023-S366

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Jan 04, 2023	referred to local government

co-Sponsors

2023-S366 (ACTIVE) - Details

See Assembly Version of this Bill:: A147
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7928, A10613
2017-2018: S2516, S7554, A473, A9667
2019-2020: S1929, S8795, A2232
2021-2022: S2633, S2988, A994

2023-S366 (ACTIVE) - Summary

Provides optional disability coverage for county probation officers.

2023-S366 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S366

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to optional disa-
bility coverage for county probation officers

 
PURPOSE:

To allow for optional disability coverage for probation officers.

 
SUMMARY OF PROVISIONS:

Sections 1-2. Amend section 207-c(1) of the General Municipal Law to
include county probation officers among the employees who shall receive
disability coverage equal to their full salary in the event that they
are injured in the performance of their duties.

Section 3. Establishes an effective date.

JUSTIFICATION:

Probation officers provide a vital law enforcement element to the commu-
nity's safety and a significant support function to our criminal justice
system. Their duties involve them in virtually all phases of the crimi-
nal justice process, including investigations, presentencing, criminal
supervision, treatment and other preventative corrective services.
Often, probation is relied upon more frequently as a viable alternative
to incarceration or detention. Today's probation officers find them-
selves performing many of the functions performed by their counterparts
in the police and corrections services.

Like other police and peace officers throughout the State, probation
officers are exposed on a daily basis to the risks and dangers involved
in managing an increasingly violent criminal population. In addition,
they are regularly exposed to significant amounts of stress and aggra-
vation, not to mention the possibility of bodily injury that may result
from the performance of their duties. Probation officers, however, are
not eligible under current law to receive comparable disability coverage
for injuries they sustain in the line of performance of those duties.

Fundamental fairness requires that this coverage be extended to
probation officers.

This legislation permits county employers and employee representatives
to negotiate for this benefit through the collective bargaining process
at their option. All costs would be incurred by the employer and/or
employee, as determined through collective bargaining.

 
LEGISLATIVE HISTORY:

2021-22: S.2633/A.994 Referred to Local Government/reported to Ways and
Means

2019-20: S.1929/A.2232 Referred to Local Government/Passed Assembly

2018: S.7554/A.9667 Passed both houses - Vetoed

2017: S.2516/A.473 Passed both houses - Vetoed

2016: S.7928/A.10613 Referred to Local Government/Referred to Ways and
Means

2006: S.3237 Referred to Local Government

2005: S.3237 Referred to Local Government

2004: S.2491 Referred to Local Government

2003: S.2491 Referred to Local Government

2002: S.2868 Referred to Local Government

2001: S.2868 Referred to Local Government

2000: S.3710 Referred to Local Government

1999: S.3710 Referred to Local Government

1998: S.6384 Recommitted to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S366 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    366
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  HARCKHAM,  BORRELLO  -- 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 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 55 of chapter 476 of the laws of 2018, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00102-01-3
 S. 366                              2
 
 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
 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  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 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  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
 police officer has recovered and is physically able to  perform  his  or
 her  regular duties. Any injured or sick police officer who shall refuse
 to accept medical treatment or hospital care or shall refuse  to  permit
 medical  inspections as herein authorized, including examinations pursu-
 ant 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  police  officer,  any  such
 advanced ambulance medical technician or any such detention officer.
   §  2.  Subdivision 1 of section 207-c of the general municipal law, as
 amended by section 56 of chapter 476 of the laws of 2018, 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
 "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 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]
 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  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 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
 S. 366                              3
 
 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 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 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  police  officer  has
 recovered  and  is physically able to perform his or her regular duties.
 Any injured or sick 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 police officer, a member  of  a
 police  force  of  any county, city, any such advanced ambulance medical
 technician, any such detention officer or any such  detective-investiga-
 tor  or  any other such investigator who is a police officer pursuant to
 the provisions of the criminal procedure law.
   § 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.

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Senate Bill S366

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2023-S366 (ACTIVE) - Details

2023-S366 (ACTIVE) - Summary

2023-S366 (ACTIVE) - Sponsor Memo

2023-S366 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S366

Share this bill

Sponsored By

Patrick M. Gallivan

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

Pete Harckham

George M. Borrello

Michelle Hinchey

Rob Rolison

2023-S366 (ACTIVE) - Details

2023-S366 (ACTIVE) - Summary

2023-S366 (ACTIVE) - Sponsor Memo

2023-S366 (ACTIVE) - Bill Text download pdf

Comments