What's happening
This bill requires all New York municipalities with police departments to provide confidential substance and alcohol abuse counseling and treatment for police officers.
Why it matters
Addresses a critical need for officer well-being. by ensuring all police officers have access to substance and alcohol abuse counseling and treatment, which can help reduce stigma and barriers to seeking help within law enforcement.
Mandates confidentiality protections. for officers who seek treatment, making it less likely that their participation in counseling or treatment will negatively impact their careers or privacy, except in cases where a court order or subpoena applies.
Balances costs and access. by requiring officers to use their existing health insurance first, but obligating municipalities to cover any remaining expenses, thus ensuring no financial obstacle prevents officers from accessing needed care.
Respects existing labor agreements. by not overriding collective bargaining contracts already in place, while still establishing a baseline standard for future agreements to maintain or improve access to these support services.
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Who cares
Municipal police officers
Officers could apply for substance abuse or alcohol abuse counseling and treatment that their municipality would be required to provide.
Municipalities with police departments or police districts
They would have to provide counseling and treatment and pay costs not covered by an officer’s health insurance when outside providers are used.
Employers, laboratories and their agents
Those with access to officers’ counseling or treatment information would have to keep it confidential, with release allowed by voluntary written consent or compelled by subpoena or court order.
Police unions and municipal labor negotiators
Existing collective bargaining agreements would be preserved, but future agreements could not negate the bill’s provisions and could establish compliant programs.
Headline styles
Counseling for Police Officers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4966
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
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 Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 209-ff to read as follows:
§ 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 counseling and treatment for police officers employed by such municipality upon application by any such officer for such treatment. If such counseling 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 counseling 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 bargaining agreement in effect on the effective date of this section. No collective bargaining agreement made after the effective date of this section shall negate the provisions of this subdivision, nor shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07246-01-7
S. 4966 2
anything in this section prohibit, as a subject of collective bargaining, the establishment of a program which complies with the terms of this subdivision.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 struggles to overcome his or her 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
2016: S.269 -REFERRED TO LOCAL GOVERNMENT: 2015: S.269 - REFERRED TO LOCAL GOVERNMENT: 2014 S.297 - Referred to Local Government 2013: S.297 - Referred to Local Government 2012: S.315 - Referred to Alcoholism and Drug Abuse 2011: S.315 - Notice of Committee Consideration Requested, 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.