Bill Text: NY A04142 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Moderate Partisan Bill (Democrat 26-8)

Status: (Introduced) 2019-02-01 - referred to governmental operations [A04142 Detail]

Download: New_York-2019-A04142-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4142
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M. of A. ENGLEBRIGHT, PEOPLES-STOKES, BENEDETTO, CUSICK,
          HEVESI,  JAFFEE,  LUPARDO,  ZEBROWSKI,  CRESPO,  FAHY,  WEPRIN,  COOK,
          COLTON,  D'URSO,  JEAN-PIERRE, ORTIZ, RODRIGUEZ, SANTABARBARA, STIRPE,
          WOERNER, CROUCH, FRIEND, MALLIOTAKIS, BLAKE, JOHNS, B. MILLER,  THIELE
          --  Multi-Sponsored  by  -- M. of A. ABBATE, BLANKENBUSH, GALEF, McDO-
          NOUGH, SIMON -- read once and referred to  the  Committee  on  Govern-
          mental 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    § 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-
    17  dinate law enforcement in the jurisdiction in  which  the  emergency  or
    18  event has occurred, and acting in his or her official capacity.
    19    (d)  "Code  enforcement  official" shall mean any appointed or elected
    20  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.
                                                                   LBD05909-01-9

        A. 4142                             2
     1  dinate building inspection in the jurisdiction in which the emergency or
     2  event has occurred, and acting in his or her official capacity.
     3    (e)  "Declared  emergency"  shall  mean  any  state disaster emergency
     4  declaration or local emergency order proclamation, by a public official,
     5  of the occurrence or imminent threat of a disaster or rioting, catastro-
     6  phe or similar public emergency, or in the event of reasonable apprehen-
     7  sion of immediate danger thereof, and upon a finding by the public offi-
     8  cial that the public safety is imperiled thereby.
     9    (f) "Municipal  corporation"  shall  mean  a  county,  town,  city  or
    10  village.
    11    (g)  "State department" shall mean those state government departments,
    12  divisions or commissions empowered by the state to enter into contractu-
    13  al agreements on behalf of the state.
    14    (h) "State authority" shall mean a public authority or public  benefit
    15  corporation  created  by or existing under this chapter or any other law
    16  of the state, with one or more of its members appointed by the  governor
    17  or  who  serve  as  members  by  virtue of holding a civil office of the
    18  state, other than an interstate or  international  authority  or  public
    19  benefit  corporation, including subsidiaries of such public authority or
    20  public benefit corporation.
    21    (i) "Local authority" shall mean: (1) a  public  authority  or  public
    22  benefit  corporation  created  by  or existing under this chapter or any
    23  other law of the state whose members do not hold a civil office  of  the
    24  state,  are not appointed by the governor or are appointed by the gover-
    25  nor specifically upon the recommendation  of  the  local  government  or
    26  governments; (2) a not-for-profit corporation affiliated with, sponsored
    27  by or created by a county, city, town or village government; (3) a local
    28  industrial development agency or authority of another local public bene-
    29  fit corporation; (4) an affiliate of such local authority; or (5) a land
    30  bank corporation created pursuant to article sixteen of the not-for-pro-
    31  fit corporation law.
    32    (j)  "School  district"  shall  mean any common school district, union
    33  free school district, central school district, city school district,  or
    34  central high school district.
    35    (k)  "Special  district"  shall  mean  a  town  or  county improvement
    36  district, district corporation or other  district  established  for  the
    37  purpose of carrying on, performing or financing one or more improvements
    38  or  services  intended to benefit the health, welfare, safety or conven-
    39  ience of the inhabitants of such district or to benefit the real proper-
    40  ty within such district, and  in  which  real  property  is  subject  to
    41  special  ad  valorem  levies or special assessments for the purposes for
    42  which such district was established.
    43    (l) "Emergency assistance" shall mean (1) any  assistance  or  advice,
    44  furnishing of construction, supplies, materials, equipment or labor; (2)
    45  provision  of  structural,  electrical,  mechanical or other engineering
    46  services rendered pursuant to article  one  hundred  forty-five  of  the
    47  education  law;  (3) architectural services rendered pursuant to article
    48  one hundred forty-seven of the education law;  (4)  landscape  architec-
    49  tural  services  rendered pursuant to article one hundred forty-eight of
    50  the education law; (5) land  surveying  services  rendered  pursuant  to
    51  article  one  hundred forty-five of the education law; or (6) geological
    52  services rendered pursuant to article  one  hundred  forty-five  of  the
    53  education  law arising from or in connection with an actual or impending
    54  declared emergency, or national, state or local disaster, as defined  in
    55  paragraph a of subdivision two of section twenty of this article.

        A. 4142                             3
     1    2.  Subject  to  paragraphs  (a)  through (g) of this subdivision, any
     2  person, corporation or other entity, and the  employees  and  agents  of
     3  such  person,  corporation  or  other  entity,  which provides emergency
     4  assistance either on a voluntary basis at the request of a public  offi-
     5  cial,  law enforcement official, public safety official or code enforce-
     6  ment official, municipal corporation, state department, state authority,
     7  local authority, school district or special district; or pursuant  to  a
     8  contract with a public official, law enforcement official, public safety
     9  official  or  code  enforcement  official,  municipal corporation, state
    10  department, state authority, local authority, school district or special
    11  district; shall not be liable for any civil damages for injuries result-
    12  ing from any act of commission or omission on his or  her  part  in  the
    13  course  of his or her rendering such assistance unless it is established
    14  that such injuries were caused by gross negligence, or reckless,  wanton
    15  or  intentional  misconduct,  on  the  part of such person arising from,
    16  directly or indirectly,  the  person,  corporation  or  entity,  or  the
    17  employees  or  agents of such person, corporation or entity, relating to
    18  the rendering or furnishing of the voluntary  or  contractual  emergency
    19  assistance  in  connection with the disaster or emergency, provided that
    20  the emergency assistance consists of acts, advice, service, work, labor,
    21  materials, supplies, equipment or other activities that  are  consistent
    22  with the nature of and rendered pursuant to the request for, consent to,
    23  approval of, or contract for such emergency assistance.
    24    (a)  The  rights and benefits provided in this subdivision shall apply
    25  with respect to all emergency assistance  furnished  within  the  period
    26  ending  on  the  later of (1) sixty days after the emergency is declared
    27  terminated by the authorized public official, or (2) thirty  days  after
    28  the  applicable official, municipal corporation, department or authority
    29  advises the private person, corporation or other entity that is  provid-
    30  ing the emergency assistance in writing that the emergency assistance is
    31  completed.
    32    (b)  The  rights  and benefits provided in this section shall apply in
    33  all cases except upon a showing that assistance or advice rendered, or a
    34  service furnished for or in  connection  with  an  impending  or  actual
    35  declared  national,  state  or local disaster or emergency was performed
    36  pursuant to a separate written agreement for work  to  be  performed  or
    37  services to be rendered after the conclusion of the emergency assistance
    38  where   the   primary  purpose  of  such  agreement  is  the  design  or
    39  construction of a permanent repair,  restoration,  correction  or  other
    40  remedy  of  the  conditions  that caused or were damaged by the declared
    41  emergency, or national, state or local disaster, as defined in paragraph
    42  a of subdivision two of section twenty of this article.
    43    (c) Where a person, corporation or other entity, or the  employees  or
    44  agents  of  any  person,  corporation  or other entity renders advice or
    45  services at the request of a state or local  employee  or  official  and
    46  where  such  advice  or services fall within the ambit of the rights and
    47  benefits provided in this section, the liability of the state or locali-
    48  ty, if any, which requested the services shall not be  affected  by  the
    49  provisions of this section.
    50    (d)  The  rights and benefits provided in this section shall not apply
    51  to persons, corporations or other entities (1) whose primary business or
    52  occupation, at the time of the occurrence of  the  disaster  or  circum-
    53  stances  that  gave  rise  to the declared emergency for which emergency
    54  assistance was provided, is one of providing emergency  first  responder
    55  services  in  response  to  declared emergencies, and national, state or
    56  local disasters, as defined in paragraph a of subdivision two of section

        A. 4142                             4
     1  twenty of this article; or (2) is regularly engaged in the  business  of
     2  manufacturing  equipment  that  is intended for general use in emergency
     3  response operations.
     4    (e)  The  rights and benefits provided in this section shall not apply
     5  to persons, corporations or other entities whose negligence  or  willful
     6  misconduct  caused,  in  whole  or  in  material  part,  the disaster or
     7  declared emergency.
     8    (f) Nothing in this section shall affect the rights  and  benefits  of
     9  individuals  expressly  authorized to participate in volunteer emergency
    10  response activities under the direction  of  or  in  connection  with  a
    11  community  emergency  response team, county emergency management agency,
    12  state emergency management agency, state-sponsored volunteer program  or
    13  federal emergency management agency.
    14    (g)  The rights and benefits provided in this section shall not affect
    15  the rights  of  individuals  to  seek  workers'  compensation  insurance
    16  compensation and other benefits thereunder.
    17    § 3. This act shall take effect immediately.
feedback