NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4000
SPONSOR: Weprin
 
TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to excluding members of the police force who use
hearing assistance devices from the definition of disabled
 
PURPOSE OF BILL:
to prevent the NYC Police Department from banning members of the police
force from wearing hearing assistance devices who can fully perform
police duties with the use of such device.
 
SUMMARY OF THE SPECIFIC PROVISIONS:
TO AMEND: Section 12-1222 of the administrative code of the city of New
York to add the term "disabled" as used in this section shall not
include those members of the police force who can fully perform police
duties with the use of a hearing assistance device.
 
JUSTIFICATION:
The New York City Police Department has recently decided to enforce a
"ban on hearing aid devices" policy for existing members of the police
force who already wear hearing devices. The enactment of this bill
relates to members of the police force who use hearing assistance
devices. The passages of this bill will prevent the NYC Police Depart-
ment from banning members of the police force who can fully perform
police duties with the use of a hearing assistance device.
 
LEGISLATIVE HISTORY:
02/08/17 referred to governmental employees
01/03/18 referred to governmental employees
05/15/18 reported
05/17/18 advanced to third reading ca1.909
05/22/18 passed assembly
 
FISCAL IMPLICATIONS FOR THE STATE AND LOCAL GOVERNMENTS:
UNKNOWN
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4000
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to excluding members of the police force who use hearing
assistance devices from the definition of disabled
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-122 of the administrative code of the city of
2 New York is amended to read as follows:
3 § 14-122 Relief from active duty due to disability. The commissioner
4 shall have power to relieve from active duty on patrol any member of the
5 police force, who, while in the actual performance of duty and without
6 fault or misconduct on his or her part, shall have become disabled,
7 physically, as a result of injuries or illness attributable thereto, so
8 as to be unfit to perform full police duty, such disability having been
9 certified to by so many of the police surgeons as the commissioner may
10 require. Such member may be assigned to the performance of such light
11 duties as he or she may be qualified to perform. The term "disabled" as
12 used in this section shall not include those members of the police force
13 who can fully perform police duties with the use of a hearing assistance
14 device.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06147-01-9