Provides that municipalities must provide substance and alcohol abuse counseling and treatment for police officers.
TITLE OF BILL: An act to amend the general municipal law, in relation to requiring that any municipality having a police department or police district shall provide substance abuse and alcohol abuse counseling and treatment for its police officers
PURPOSE OF BILL: To require municipalities to provide for substance and alcohol abuse counseling and treatment for police officers.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the General Municipal Law by adding a new section 209-ff. Requires every municipality with a police department to provide substance abuse and alcohol abuse counseling and treatment for their police officers and makes provisions for the payment of such services; provides that any information regarding the counseling or treatment of a police officer shall be kept confidential and states that no collective bargaining agreement shall supersede or shall negate the provisions of this bill.
Section 2. Effective Date
EXISTING LAW: None.
JUSTIFICATION: Alcohol and substance abuse are very real and very detrimental afflictions that infiltrate every aspect of our society. No person or group of people is exempt from being plagued by these addiction issues -- including the police men and women who heroically serve day-in and day-out to protect our society from a multitude of different harms and offenses. When one of these men or women is him or herself forced with the struggle to overcome their own alcohol or substance abuse problem, the municipalities which they serve should provide them with the appropriate treatment to assist them in managing and eventually overcoming these addictions.
LEGISLATIVE HISTORY: 2012: S.315 - Referred to Alcoholism and Drug Abuse 2011: S.315 - Discharged from Local Government and Committed to Alcohol and Drug Abuse 2009-10: S.3125 - Referred to Local Government/A.8808 - Held for Consideration in Local Governments 2008: A.772 - Referred to Local Government
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 297 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 requiring that any municipality having a police department or police district shall provide substance abuse and alcohol abuse counseling and treatment for its police officers 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 209-ff to read as follows: S 209-FF. SUBSTANCE AND ALCOHOL ABUSE COUNSELING AND TREATMENT FOR POLICE OFFICERS. 1. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR CHARTER TO THE CONTRARY, EVERY MUNICIPALITY WHICH HAS A POLICE DEPARTMENT OR POLICE DISTRICT SHALL PROVIDE SUBSTANCE ABUSE AND ALCOHOL ABUSE COUN- SELING AND TREATMENT FOR POLICE OFFICERS EMPLOYED BY SUCH MUNICIPALITY UPON APPLICATION BY ANY SUCH OFFICER FOR SUCH TREATMENT. IF SUCH COUN- SELING OR TREATMENT IS PROVIDED BY A PERSON OR ORGANIZATION WHICH IS NOT PART OF THE MUNICIPAL GOVERNMENT, THE APPLYING POLICE OFFICER MUST USE ANY HEALTH INSURANCE WHICH HE OR SHE HAS TO COVER THE COST OF SUCH COUN- SELING OR TREATMENT SO FAR AS IS POSSIBLE. ANY COSTS NOT COVERED BY SUCH INSURANCE SHALL BE PAID BY THE MUNICIPALITY. 2. EMPLOYERS, LABORATORIES AND THE AGENTS THEREOF WHO RECEIVE OR HAVE ACCESS TO INFORMATION CONCERNING COUNSELING OR TREATMENT OF A POLICE OFFICER FOR SUBSTANCE ABUSE OR ALCOHOL ABUSE SHALL KEEP SUCH INFORMATION CONFIDENTIAL. EXCEPT WHERE THE RELEASE OF SUCH INFORMATION IS COMPELLED BY SUBPOENA OR COURT ORDER, AND SUCH INFORMATION SHALL BE RELEASED ONLY UPON WRITTEN CONSENT VOLUNTARILY EXECUTED BY THE EMPLOYEE. 3. NOTHING IN THIS SUBDIVISION SHALL SUPERCEDE ANY COLLECTIVE BARGAIN- ING AGREEMENT IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION. NO COLLECTIVE BARGAINING AGREEMENT MADE AFTER THE EFFECTIVE DATE OF THISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00500-01-3 S. 297 2
SECTION SHALL NEGATE THE PROVISIONS OF THIS SUBDIVISION, NOR SHALL ANYTHING IN THIS SECTION PROHIBIT, AS A SUBJECT OF COLLECTIVE BARGAIN- ING, THE ESTABLISHMENT OF A PROGRAM WHICH COMPLIES WITH THE TERMS OF THIS SUBDIVISION. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.