S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6214--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2015
                                      ___________
       Introduced by M. of A. ENGLEBRIGHT, STIRPE, CROUCH, SIMANOWITZ, LUPINAC-
         CI,  McDONALD, CUSICK, MALLIOTAKIS, FAHY, GOLDFEDER -- Multi-Sponsored
         by -- M. of A.  GALEF, KEARNS -- read once and referred to the Commit-
         tee on Governmental Operations -- 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    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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09023-03-5
       A. 6214--A                          2
    1    (E) "DISASTER" SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT  OF  WIDE-
    2  SPREAD  OR  SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING
    3  FROM ANY NATURAL OR MAN-MADE CAUSES,  INCLUDING,  BUT  NOT  LIMITED  TO,
    4  FIRE,  FLOOD,  EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH WATER, LANDSLIDE,
    5  MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
    6  CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
    7  EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
    8  BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
    9  COLLAPSE.
   10    (F)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
   11  DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
   12  OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
   13  PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
   14  SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
   15  CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
   16    (G) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
   17  VILLAGE.
   18    (H)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
   19  DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
   20  AL AGREEMENTS ON BEHALF OF THE STATE.
   21    (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
   22  CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
   23  OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
   24  OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
   25  STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
   26  BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
   27  PUBLIC BENEFIT CORPORATION.
   28    (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
   29  BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
   30  OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
   31  STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
   32  NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
   33  GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
   34  BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
   35  INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
   36  FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
   37  BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
   38  FIT CORPORATION LAW.
   39    (K)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
   40  FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
   41  CENTRAL HIGH SCHOOL DISTRICT.
   42    (L)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
   43  DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
   44  PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
   45  OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
   46  IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
   47  TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
   48  SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
   49  WHICH SUCH DISTRICT WAS ESTABLISHED.
   50    (M) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY  ASSISTANCE  OR  ADVICE,
   51  FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
   52  PROVISION  OF  STRUCTURAL,  ELECTRICAL,  MECHANICAL OR OTHER ENGINEERING
   53  SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
   54  EDUCATION  LAW;  (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
   55  ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW;  (4)  LANDSCAPE  ARCHITEC-
   56  TURAL  SERVICES  RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF
       A. 6214--A                          3
    1  THE EDUCATION LAW; (5) LAND  SURVEYING  SERVICES  RENDERED  PURSUANT  TO
    2  ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
    3  SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
    4  EDUCATION  LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING
    5  NATIONAL, STATE OR LOCAL DISASTER OR DECLARED EMERGENCY.
    6    2. ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE  EMPLOYEES
    7  AND  AGENTS  OF SUCH PERSON, CORPORATION OR OTHER ENTITY, WHICH PROVIDES
    8  EMERGENCY ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR  WITH
    9  THE  CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL,
   10  PUBLIC SAFETY OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN  AN  OFFI-
   11  CIAL CAPACITY, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
   12  LOCAL  AUTHORITY,  SCHOOL DISTRICT OR SPECIAL DISTRICT, OR PURSUANT TO A
   13  CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
   14  OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN  AN  OFFICIAL  CAPACITY,
   15  MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORI-
   16  TY, SCHOOL DISTRICT OR SPECIAL DISTRICT, SHALL NOT BE SUBJECT TO SUIT OR
   17  CLAIM,  NOR  LIABLE  FOR  ANY  PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
   18  DAMAGE, ECONOMIC LOSS OR ANY OTHER DAMAGE, LOSS OR CLAIM  CAUSED  BY  OR
   19  ARISING FROM, DIRECTLY OR INDIRECTLY, THE PERSON, CORPORATION OR ENTITY,
   20  OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELAT-
   21  ING TO THE RENDERING OR FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMER-
   22  GENCY ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY, EXCEPT AS
   23  SET  FORTH  IN PARAGRAPH (B) OF THIS SUBDIVISION PROVIDED THAT THE EMER-
   24  GENCY ASSISTANCE CONSISTS OF ACTS, ADVICE, SERVICE, WORK, LABOR, MATERI-
   25  ALS, SUPPLIES, EQUIPMENT OR OTHER ACTIVITIES THAT  ARE  CONSISTENT  WITH
   26  THE  NATURE  OF  AND  RENDERED  PURSUANT TO THE REQUEST FOR, CONSENT TO,
   27  APPROVAL OF, OR CONTRACT FOR SUCH EMERGENCY ASSISTANCE.
   28    (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
   29  TO ALL EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD  ENDING  ON  THE
   30  LATER  OF  (1)  SIXTY DAYS AFTER THE EMERGENCY IS DECLARED TERMINATED BY
   31  THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE  COMPLETION
   32  OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
   33  BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
   34  OR DISTRICT.
   35    (B)  THE  IMMUNITY  PROVIDED  IN THIS SECTION SHALL APPLY IN ALL CASES
   36  EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR  A  SERVICE
   37  FURNISHED  FOR  OR  IN  CONNECTION  WITH AN IMPENDING OR ACTUAL DECLARED
   38  NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
   39  THAT CONSTITUTES WANTON, WILLFUL OR  INTENTIONAL  MISCONDUCT,  OR  GROSS
   40  NEGLIGENCE.
   41    (C)  WHERE  A PERSON, CORPORATION OR OTHER ENTITY, OR THE EMPLOYEES OR
   42  AGENTS OF ANY PERSON, CORPORATION OR  OTHER  ENTITY  RENDERS  ADVICE  OR
   43  SERVICES  AT  THE  REQUEST  OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND
   44  WHERE SUCH ADVICE OR SERVICES FALL WITHIN  THE  AMBIT  OF  THE  IMMUNITY
   45  PROVIDED  IN  THIS  SECTION,  THE LIABILITY OF THE STATE OR LOCALITY, IF
   46  ANY,  WHICH  REQUESTED  THE  SERVICES  SHALL  NOT  BE  AFFECTED  BY  THE
   47  PROVISIONS OF THIS SECTION.
   48    S 3. This act shall take effect immediately.