Bill Text: NY S04238 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the New York emergency responder act limiting the liability of certain emergency responders.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-08 - referred to codes [S04238 Detail]

Download: New_York-2015-S04238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4238
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2015
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs
       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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09023-01-5
       S. 4238                             2
    1  FIRE, FLOOD, EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH  WATER,  LANDSLIDE,
    2  MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
    3  CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
    4  EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
    5  BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
    6  COLLAPSE.
    7    (F)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
    8  DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
    9  OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
   10  PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
   11  SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
   12  CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
   13    (G) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
   14  VILLAGE.
   15    (H)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
   16  DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
   17  AL AGREEMENTS ON BEHALF OF THE STATE.
   18    (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
   19  CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
   20  OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
   21  OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
   22  STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
   23  BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
   24  PUBLIC BENEFIT CORPORATION.
   25    (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
   26  BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
   27  OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
   28  STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
   29  NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
   30  GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
   31  BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
   32  INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
   33  FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
   34  BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
   35  FIT CORPORATION LAW.
   36    (K)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
   37  FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
   38  CENTRAL HIGH SCHOOL DISTRICT.
   39    (L)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
   40  DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
   41  PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
   42  OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
   43  IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
   44  TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
   45  SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
   46  WHICH SUCH DISTRICT WAS ESTABLISHED.
   47    (M) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY  ASSISTANCE  OR  ADVICE,
   48  FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
   49  PROVISION  OF  STRUCTURAL,  ELECTRICAL,  MECHANICAL OR OTHER ENGINEERING
   50  SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
   51  EDUCATION  LAW;  (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
   52  ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW;  (4)  LANDSCAPE  ARCHITEC-
   53  TURAL  SERVICES  RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF
   54  THE EDUCATION LAW; (5) LAND  SURVEYING  SERVICES  RENDERED  PURSUANT  TO
   55  ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
   56  SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
       S. 4238                             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.