Bill Text: NY A07932 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Provides protection to firefighters and fire officers from liability for any negligent act or tort provided that such firefighter or fire officer was acting in the performance of his or her duties and within the scope of his or her employment; defines acting in the discharge of duty; not applicable to the city of New York.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A07932 Detail]

Download: New_York-2009-A07932-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7932
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2009
                                      ___________
       Introduced by M. of A. ABBATE, JOHN, BOYLAND, SCHROEDER -- read once and
         referred to the Committee on Local Governments
       AN ACT to amend the general  municipal law, in relation to liability for
         negligence  or  tort  of firefighters or fire officers while acting in
         the performance of duty and within the scope of their employment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  general  municipal  law is amended by adding   a new
    2  section 50-j-1 to read as follows:
    3    S 50-J-1. LIABILITY OF FIREFIGHTERS AND FIRE OFFICERS  FOR  NEGLIGENCE
    4  IN  THE  PERFORMANCE  OF  DUTY. 1. NOTWITHSTANDING THE PROVISIONS OF ANY
    5  GENERAL, SPECIAL OR LOCAL LAW, CHARTER OR CODE TO  THE  CONTRARY,  EVERY
    6  CITY,  COUNTY,  TOWN, VILLAGE, OR FIRE DISTRICT SHALL BE LIABLE FOR, AND
    7  SHALL ASSUME THE LIABILITY TO THE EXTENT THAT IT  SHALL  SAVE  HARMLESS,
    8  ANY  DULY APPOINTED FIREFIGHTER OR FIRE OFFICER OF SUCH MUNICIPALITY FOR
    9  ANY NEGLIGENT ACT OR TORT, PROVIDED SUCH FIREFIGHTER OR FIRE OFFICER, AT
   10  THE TIME OF THE NEGLIGENT ACT OR TORT COMPLAINED OF, WAS ACTING  IN  THE
   11  PERFORMANCE  OF  HIS  OR  HER  DUTIES AND WITHIN THE SCOPE OF HIS OR HER
   12  EMPLOYMENT.
   13    2. FOR PURPOSES OF THIS SECTION, A FIREFIGHTER OR FIRE OFFICER OF  ANY
   14  SUCH  MUNICIPAL  CORPORATION, ALTHOUGH EXCUSED FROM OFFICIAL DUTY AT THE
   15  TIME, SHALL BE DEEMED TO BE ACTING  IN  THE    DISCHARGE  OF  DUTY  WHEN
   16  ENGAGED  IN  THE  IMMEDIATE  AND  ACTUAL  PERFORMANCE   OF A PUBLIC DUTY
   17  IMPOSED BY LAW AND SUCH PUBLIC DUTY PERFORMED WAS FOR THE BENEFIT OF THE
   18  CITIZENS OF THE COMMUNITY WHEREIN SUCH PUBLIC DUTY WAS PERFORMED AND THE
   19  MUNICIPAL CORPORATION, DERIVED  NO  SPECIAL  BENEFIT  IN  ITS  CORPORATE
   20  CAPACITY.
   21    3. NO ACTION OR SPECIAL PROCEEDING INSTITUTED HEREUNDER SHALL BE PROS-
   22  ECUTED  OR  MAINTAINED  AGAINST THE MUNICIPALITY CONCERNED OR SUCH FIRE-
   23  FIGHTER OR FIRE OFFICER UNLESS NOTICE OF CLAIM SHALL HAVE BEEN MADE  AND
   24  SERVED  UPON  SUCH  MUNICIPALITY, AUTHORITY OR AGENCY IN COMPLIANCE WITH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11482-01-9
       A. 7932                             2
    1  SECTION FIFTY-E OF THIS ARTICLE. EVERY SUCH ACTION  SHALL  BE  COMMENCED
    2  PURSUANT TO THE PROVISIONS OF SECTION FIFTY-I OF THIS ARTICLE.
    3    4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE CITY OF NEW
    4  YORK.
    5    5. NOTHING IN THIS SECTION SHALL BE DEEMED TO  REMOVE  THE  PROTECTION
    6  PROVIDED    VOLUNTEER  FIREFIGHTERS AND FIRE OFFICERS  UNDER SECTION TWO
    7  HUNDRED FIVE-B OF THIS CHAPTER.
    8    6. A. IN ADDITION TO THE  REQUIREMENTS  OF  SUBDIVISION  ONE  OF  THIS
    9  SECTION,  UPON  DISCRETIONARY ADOPTION OF A LOCAL LAW, ORDINANCE, RESOL-
   10  UTION, RULE OR REGULATION, ANY CITY,  COUNTY,  TOWN,  VILLAGE,  OR  FIRE
   11  DISTRICT SHALL PROVIDE FOR THE DEFENSE OF ANY CIVIL ACTION OR PROCEEDING
   12  BROUGHT  AGAINST    A DULY APPOINTED FIREFIGHTER OR FIRE OFFICER OF SUCH
   13  MUNICIPALITY, AND SHALL INDEMNIFY AND SAVE HARMLESS SUCH FIREFIGHTER  OR
   14  FIRE  OFFICER  FROM  ANY  JUDGMENT  OF A COURT OF COMPETENT JURISDICTION
   15  WHENEVER SUCH ACTION, PROCEEDING OR JUDGMENT IS FOR  PUNITIVE  OR  EXEM-
   16  PLARY  DAMAGES,  ARISING  OUT  OF A NEGLIGENT ACT OR  OTHER TORT OF SUCH
   17  FIREFIGHTER OR FIRE OFFICER COMMITTED WHILE IN THE PROPER  DISCHARGE  OF
   18  HIS  OR  HER DUTIES AND WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT.  SUCH
   19  MUNICIPALITY IS HEREBY AUTHORIZED AND EMPOWERED TO PURCHASE INSURANCE TO
   20  COVER THE COST OF SUCH DEFENSE AND INDEMNIFICATION.
   21    B. THE DETERMINATION OF WHETHER ANY SUCH FIREFIGHTER OR  FIRE  OFFICER
   22  PROPERLY  DISCHARGED  HIS  OR  HER DUTIES WITHIN THE SCOPE OF HIS OR HER
   23  EMPLOYMENT SHALL BE MADE IN A MANNER WHICH SHALL BE PROMULGATED  BY  THE
   24  CHIEF EXECUTIVE OFFICER OR IF THERE BE NONE, THE CHIEF LEGISLATIVE OFFI-
   25  CER, AND ADOPTED BY THE GOVERNING BOARD OF SUCH MUNICIPALITY.
   26    S 2. This act shall take effect immediately.