Bill S1013-2011

Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured in the line of duty

Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.

Details

Actions

  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S1013

TITLE OF BILL:

An act to amend the general municipal law, in relation to disability coverage for detention officers employed by the city of Yonkers

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide for the payment of salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured in the line of duty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 and 2 of this bill amends Subdivision 1 of Section 207-c of the general municipal law, as amended by Section 3 of Chapter 675 of the Laws of 1997 to include detention officers employed by the City of Yonkers who are in the performance of his or her duties or who has taken sick as a result of the performance of his or her duties as to necessitate medical or other lawful remedial treatment shall by paid the full amount of his or her salary or wages by the municipality by which he or she is employed until the disability arising there from ceases.

In addition, such municipality shall be liable for all medical treatment and hospital care necessitated by reason of such injury or illness.

JUSTIFICATION:

The Yonkers Detention officers are a small unit comprised of 23 officers including a supervisor. This bill would provide these officers with parity with other law enforcement agencies throughout New York State. Detention officers experience daily hazards while performing their duties such as airborne pathogen, TB, Hepatitis and other contagion, violent prisoner confrontation, constant exposure to noise levels and transporting prisoners in excess of 14,000 annually, including high profile and high risk prisoners.

Detention officers, as with other law enforcement officers, often have high stress-related incidents such as hypertension, heart disease, and injuries sustained during violent confrontations with prisoners. They are also exposed to hazardous materials such as drug paraphernalia during searches of prisoners and cells. Detention officers also are required to work in different shifts which statistically have been proved to take its toll on officers health and well-being.

LEGISLATIVE HISTORY:

2009/2010 - S.3928 (Died - Finance) 2007/2008 - S.8330 (Died - Rules)

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately, provided that section one of this act shall expire and be deemed repealed on the same date as the amendments to subdivision 1 of Section 207-c of the general municipal law, made by section 1 of Chapter 628 of the laws of 1991, take effect, when upon such date section two of this act shall take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 1013 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. STEWART-COUSINS -- 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 disability coverage for detention officers employed by the city of Yonkers 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") or any member of a police force of any county, city of less than one million population, town or village, or of any district, agen- cy, 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 county of Nassau, any probation officer of the county of Nassau who is injured in the performance of his duties or who is taken sick as a result of the performance of his duties so as to necessitate medical or other lawful remedial treatment shall be paid by the municipality by which he is employed the full amount of his regular salary or wages until his disability 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 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, from time to time, for the purpose of providing medical, surgical or other treat- ment, or for making inspections and the municipality shall not be liable for salary or wages payable to such policeman, 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 has recovered and is physically able to perform his regular duties. Any injured or sick policeman 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 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, a member of a police force of any county, city, any such advanced ambulance medical techni- cian, ANY SUCH DETENTION OFFICER 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 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 who is injured in the performance of his duties or who is taken sick as a result of the performance of his 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 is employed the full amount of his regular salary or wages from such employer until his disability arising there- from 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, howev- er, 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, from time to time, for the purpose of providing medical, surgical or other treatment, or for making inspections, and the munici- pality or The Long Island Rail Road Company, as the case may be, shall not be liable for salary or wages payable to such policeman, 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 has recovered and is physically able to perform his regu- lar duties. Any injured or sick policeman 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 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 [or], any such advanced ambulance medical technician OR ANY SUCH DETENTION OFFICER. S 3. This act shall take effect immediately, provided that section one of this act shall expire and be deemed repealed on the same date as the amendments to subdivision 1 of section 207-c of the general municipal law, made by section 1 of chapter 628 of the laws of 1991, take effect, when upon such date section two of this act shall take effect.

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