Bill Text: NY A06214 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the New York emergency responder act limiting the liability of certain emergency responders.
Spectrum: Moderate Partisan Bill (Democrat 18-5)
Status: (Introduced - Dead) 2016-06-01 - reported referred to codes [A06214 Detail]
Download: New_York-2015-A06214-Introduced.html
Bill Title: Enacts the New York emergency responder act limiting the liability of certain emergency responders.
Spectrum: Moderate Partisan Bill (Democrat 18-5)
Status: (Introduced - Dead) 2016-06-01 - reported referred to codes [A06214 Detail]
Download: New_York-2015-A06214-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6214
2015-2016 Regular Sessions
I N A S S E M B L Y
March 17, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the New York
emergency responder act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York emergency responder act".
3 S 2. The executive law is amended by adding a new section 29-f to read
4 as follows:
5 S 29-F. THE NEW YORK EMERGENCY RESPONDER ACT. 1. AS USED IN THIS
6 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) "PUBLIC OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED FEDERAL,
8 STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDIC-
9 TION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED.
10 (B) "PUBLIC SAFETY OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
11 FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
12 DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
13 HAS OCCURRED.
14 (C) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
15 FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
16 DINATE LAW ENFORCEMENT IN THE JURISDICTION IN WHICH THE EMERGENCY OR
17 EVENT HAS OCCURRED.
18 (D) "CODE ENFORCEMENT OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
19 FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
20 DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
21 EVENT HAS OCCURRED.
22 (E) "DISASTER" SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT OF WIDE-
23 SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING
24 FROM ANY NATURAL OR MAN-MADE CAUSES, INCLUDING, BUT NOT LIMITED TO,
25 FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09023-01-5
A. 6214 2
1 MUDSLIDE, WIND, STORM, WAVE ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
2 CONTAMINATION, TERRORISM, CYBER EVENT, BLIGHT, DROUGHT, INFESTATION,
3 EXPLOSION, RADIOLOGICAL ACCIDENT, NUCLEAR, CHEMICAL, BIOLOGICAL OR
4 BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE
5 COLLAPSE.
6 (F) "DECLARED EMERGENCY" SHALL MEAN ANY STATE DISASTER EMERGENCY
7 DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
8 OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
9 PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
10 SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
11 CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
12 (G) "MUNICIPAL CORPORATION" SHALL MEAN A COUNTY, TOWN, CITY OR
13 VILLAGE.
14 (H) "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
15 DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
16 AL AGREEMENTS ON BEHALF OF THE STATE.
17 (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
18 CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
19 OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR
20 OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE
21 STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC
22 BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
23 PUBLIC BENEFIT CORPORATION.
24 (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A PUBLIC AUTHORITY OR PUBLIC
25 BENEFIT CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR ANY
26 OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF THE
27 STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
28 NOR SPECIFICALLY UPON THE RECOMMENDATION OF THE LOCAL GOVERNMENT OR
29 GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
30 BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
31 INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
32 FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
33 BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
34 FIT CORPORATION LAW.
35 (K) "SCHOOL DISTRICT" SHALL MEAN ANY COMMON SCHOOL DISTRICT, UNION
36 FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT, OR
37 CENTRAL HIGH SCHOOL DISTRICT.
38 (L) "SPECIAL DISTRICT" SHALL MEAN A TOWN OR COUNTY IMPROVEMENT
39 DISTRICT, DISTRICT CORPORATION OR OTHER DISTRICT ESTABLISHED FOR THE
40 PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
41 OR SERVICES INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
42 IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
43 TY WITHIN SUCH DISTRICT, AND IN WHICH REAL PROPERTY IS SUBJECT TO
44 SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
45 WHICH SUCH DISTRICT WAS ESTABLISHED.
46 (M) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY ASSISTANCE OR ADVICE,
47 FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
48 PROVISION OF STRUCTURAL, ELECTRICAL, MECHANICAL OR OTHER ENGINEERING
49 SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE
50 EDUCATION LAW; (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
51 ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW; (4) LANDSCAPE ARCHITEC-
52 TURAL SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF
53 THE EDUCATION LAW; (5) LAND SURVEYING SERVICES RENDERED PURSUANT TO
54 ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
55 SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE
A. 6214 3
1 EDUCATION LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING
2 NATIONAL, STATE OR LOCAL DISASTER OR DECLARED EMERGENCY.
3 2. ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE EMPLOYEES
4 AND AGENTS OF SUCH PERSON, CORPORATION OR OTHER ENTITY, WHICH PROVIDES
5 EMERGENCY ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR WITH
6 THE CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL,
7 PUBLIC SAFETY OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN AN OFFI-
8 CIAL CAPACITY, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
9 LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL DISTRICT, OR PURSUANT TO A
10 CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
11 OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN AN OFFICIAL CAPACITY,
12 MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORI-
13 TY, SCHOOL DISTRICT OR SPECIAL DISTRICT, SHALL NOT BE SUBJECT TO SUIT OR
14 CLAIM, NOR LIABLE FOR ANY PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
15 DAMAGE, ECONOMIC LOSS OR ANY OTHER DAMAGE, LOSS OR CLAIM CAUSED BY OR
16 ARISING FROM, DIRECTLY OR INDIRECTLY, THE PERSON, CORPORATION OR ENTITY,
17 OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELAT-
18 ING TO THE RENDERING OR FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMER-
19 GENCY ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY, EXCEPT AS
20 SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
21 (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
22 TO ALL EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD ENDING ON THE
23 LATER OF (1) SIXTY DAYS AFTER THE EMERGENCY IS DECLARED TERMINATED BY
24 THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE COMPLETION
25 OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
26 BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
27 OR DISTRICT.
28 (B) THE IMMUNITY PROVIDED IN THIS SECTION SHALL APPLY IN ALL CASES
29 EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR A SERVICE
30 FURNISHED FOR OR IN CONNECTION WITH AN IMPENDING OR ACTUAL DECLARED
31 NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
32 THAT CONSTITUTES WANTON, WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS
33 NEGLIGENCE.
34 (C) WHERE A PERSON, CORPORATION OR OTHER ENTITY, OR THE EMPLOYEES OR
35 AGENTS OF ANY PERSON, CORPORATION OR OTHER ENTITY RENDERS ADVICE OR
36 SERVICES AT THE REQUEST OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND
37 WHERE SUCH ADVICE OR SERVICES FALL WITHIN THE AMBIT OF THE IMMUNITY
38 PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE OR LOCALITY, IF
39 ANY, WHICH REQUESTED THE SERVICES SHALL NOT BE AFFECTED BY THE
40 PROVISIONS OF THIS SECTION.
41 S 3. This act shall take effect immediately.
