STATE OF NEW YORK ________________________________________________________________________ 4238--B 2015-2016 Regular Sessions IN SENATE March 11, 2015 ___________ Introduced by Sens. SAVINO, AKSHAR, AVELLA, BOYLE, CARLUCCI, GALLIVAN, PERALTA, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 § 2. The executive law is amended by adding a new section 29-f to read 4 as follows: 5 § 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, and acting in his or 10 her official capacity. 11 (b) "Public safety official" shall mean any appointed or elected 12 federal, state or local official with executive responsibility to coor- 13 dinate public safety in the jurisdiction in which the emergency or event 14 has occurred, and acting in his or her official capacity. 15 (c) "Law enforcement official" shall mean any appointed or elected 16 federal, state or local official with executive responsibility to coor- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09023-09-6S. 4238--B 2 1 dinate law enforcement in the jurisdiction in which the emergency or 2 event has occurred, and acting in his or her official capacity. 3 (d) "Code enforcement official" shall mean any appointed or elected 4 federal, state or local official with executive responsibility to coor- 5 dinate building inspection in the jurisdiction in which the emergency or 6 event has occurred, and acting in his or her official capacity. 7 (e) "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 (f) "Municipal corporation" shall mean a county, town, city or 14 village. 15 (g) "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 (h) "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 (i) "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 (j) "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 (k) "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 (l) "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 theS. 4238--B 3 1 education law arising from or in connection with an actual or impending 2 declared emergency, or national, state or local disaster, as defined in 3 paragraph a of subdivision two of section twenty of this article. 4 2. Any private person, corporation or other entity, and the employees 5 and agents of such person, corporation or other entity, which provides 6 emergency assistance either on a voluntary basis at the request or with 7 the consent or approval of a public official, law enforcement official, 8 public safety official or code enforcement official, municipal corpo- 9 ration, state department, state authority, local authority, school 10 district or special district; or pursuant to a contract with a public 11 official, law enforcement official, public safety official or code 12 enforcement official, municipal corporation, state department, state 13 authority, local authority, school district or special district; shall 14 not be subject to suit or claim, nor liable for any personal injury, 15 wrongful death, property damage, economic loss or any other damage, loss 16 or claim caused by or arising from, directly or indirectly, the person, 17 corporation or entity, or the employees or agents of such person, corpo- 18 ration or entity, relating to the rendering or furnishing of the volun- 19 tary or contractual emergency assistance in connection with the disaster 20 or emergency, except as set forth in paragraph (b) of this subdivision 21 provided that the emergency assistance consists of acts, advice, 22 service, work, labor, materials, supplies, equipment or other activities 23 that are consistent with the nature of and rendered pursuant to the 24 request for, consent to, approval of, or contract for such emergency 25 assistance. 26 (a) The rights and benefits provided in this subdivision shall apply 27 with respect to all emergency assistance furnished within the period 28 ending on the later of (1) sixty days after the emergency is declared 29 terminated by the authorized public official, or (2) thirty days after 30 the applicable official, municipal corporation, department or authority 31 advises the private person, corporation or other entity that is provid- 32 ing the emergency assistance in writing that the emergency assistance is 33 completed. 34 (b) The rights and benefits provided in this section shall apply in 35 all cases except upon a showing that assistance or advice rendered, or a 36 service furnished for or in connection with an impending or actual 37 declared national, state or local disaster or emergency (1) was 38 performed in a manner that constitutes wanton, willful or intentional 39 misconduct, or gross negligence, or (2) was performed pursuant to a 40 separate written agreement for work to be performed or services to be 41 rendered after the conclusion of the emergency assistance where the 42 primary purpose of such agreement is the design or construction of a 43 permanent repair, restoration, correction or other remedy of the condi- 44 tions that caused or were damaged by the declared emergency, or 45 national, state or local disaster, as defined in paragraph a of subdivi- 46 sion two of section twenty of this article. 47 (c) Where a person, corporation or other entity, or the employees or 48 agents of any person, corporation or other entity renders advice or 49 services at the request of a state or local employee or official and 50 where such advice or services fall within the ambit of the rights and 51 benefits provided in this section, the liability of the state or locali- 52 ty, if any, which requested the services shall not be affected by the 53 provisions of this section. 54 (d) The rights and benefits provided in this section shall not apply 55 to persons, corporations or other entities whose primary business or 56 occupation, at the time of the occurrence of the disaster or circum-S. 4238--B 4 1 stances that gave rise to the declared emergency for which emergency 2 assistance was provided, is one of providing emergency first responder 3 services in response to declared emergencies, and national, state or 4 local disasters, as defined in paragraph a of subdivision two of section 5 twenty of this article. 6 (e) The rights and benefits provided in this section shall not apply 7 to persons, corporations or other entities whose negligence or willful 8 misconduct caused, in whole or in material part, the disaster or 9 declared emergency. 10 (f) Nothing in this section shall affect the rights and benefits of 11 individuals expressly authorized to participate in volunteer emergency 12 response activities under the direction of or in connection with a 13 community emergency response team, county emergency management agency, 14 state emergency management agency, state-sponsored volunteer program or 15 federal emergency management agency. 16 § 3. This act shall take effect immediately.