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S1929Senate2019-2020 SessionSame asA2232

Disability Coverage for Probation Officers

Official title

“Relates to optional disability coverage for county probation officers”

Sponsor Patrick M. GallivanSD-59+3 co-sponsorsAffects Local Government
Status
In Senate Committee
Local Government
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill allows any county in New York to provide disability coverage for county probation officers injured or sick on duty.

Why it matters

  1. Expands eligibility for disability benefits. The bill allows any county in New York to opt into providing paid leave and full medical coverage for county probation officers who are injured or become ill due to their job, not just Nassau County as previously allowed.

  2. Creates local discretion. This is not a mandate—counties can choose whether to extend these protections to their probation officers, giving local governments flexibility based on their budgets and priorities.

  3. Aligns probation officers with other first responders. The legislation puts probation officers on par with police, sheriff’s deputies, corrections officers, and other covered roles regarding workplace injury protections, recognizing the potential risks of their duties.

  4. Potential financial impact on counties. If a county opts in, it assumes responsibility for ongoing salary payments and all medical costs related to duty injuries or illness for probation officers, which could affect county budgets and labor negotiations.

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Who cares

Headline styles

Disability Coverage for Probation Officers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

History

  1. Referred to local government
  2. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2232Assembly

Expand Disability Pay for Probation

In Assembly Committee · Governmental Employees · Sponsor Amy Paulin

Impact 5 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1929

2019-2020 Regular Sessions

IN SENATE

January 17, 2019

Introduced by Sens. GALLIVAN, AKSHAR, HELMING -- 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 disability coverage for county probation officers

The People of the State of New York, represented in Senate and Assembly, 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 security 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 municipality or The Long Island Rail Road Company by which he or she is

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07020-01-9

S. 1929 2

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 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 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 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, 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 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 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 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 municipal health authorities or any

S. 1929 3

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 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-investigator 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 amendments 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.

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 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

2018: S.7554/A.9667 Passed both houses 2017: S.2516/A.473 Passed both houses 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.