S297-2013 Actions

• Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

S297-2013 Memo

BILL NUMBER:S297

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.

S297-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          297
 2013-2014 Regular Sessions
 I N  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  THIS
 EXPLANATION--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.

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