S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6214
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2015
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Governmental 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    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,
   25  FIRE, FLOOD, EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH  WATER,  LANDSLIDE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09023-01-5
       A. 6214                             2
    1  MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
    2  CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
    3  EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
    4  BACTERIOLOGICAL  RELEASE,  WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE
    5  COLLAPSE.
    6    (F) "DECLARED EMERGENCY"  SHALL  MEAN  ANY  STATE  DISASTER  EMERGENCY
    7  DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
    8  OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
    9  PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
   10  SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
   11  CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
   12    (G)  "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY OR
   13  VILLAGE.
   14    (H) "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT  DEPARTMENTS,
   15  DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
   16  AL AGREEMENTS ON BEHALF OF THE STATE.
   17    (I)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
   18  CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR ANY  OTHER  LAW
   19  OF  THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR
   20  OR WHO SERVE AS MEMBERS BY VIRTUE OF  HOLDING  A  CIVIL  OFFICE  OF  THE
   21  STATE,  OTHER  THAN  AN  INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC
   22  BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY  OR
   23  PUBLIC BENEFIT CORPORATION.
   24    (J)  "LOCAL  AUTHORITY"  SHALL  MEAN: (1) A PUBLIC AUTHORITY OR PUBLIC
   25  BENEFIT CORPORATION CREATED BY OR EXISTING UNDER  THIS  CHAPTER  OR  ANY
   26  OTHER  LAW  OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF THE
   27  STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE  GOVER-
   28  NOR  SPECIFICALLY  UPON  THE  RECOMMENDATION  OF THE LOCAL GOVERNMENT OR
   29  GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
   30  BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
   31  INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
   32  FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
   33  BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
   34  FIT CORPORATION LAW.
   35    (K) "SCHOOL DISTRICT" SHALL MEAN ANY  COMMON  SCHOOL  DISTRICT,  UNION
   36  FREE  SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT, OR
   37  CENTRAL HIGH SCHOOL DISTRICT.
   38    (L) "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY  IMPROVEMENT
   39  DISTRICT,  DISTRICT  CORPORATION  OR  OTHER DISTRICT ESTABLISHED FOR THE
   40  PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
   41  OR SERVICES INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY  OR  CONVEN-
   42  IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
   43  TY  WITHIN  SUCH  DISTRICT,  AND  IN  WHICH  REAL PROPERTY IS SUBJECT TO
   44  SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESSMENTS FOR  THE  PURPOSES  FOR
   45  WHICH SUCH DISTRICT WAS ESTABLISHED.
   46    (M)  "EMERGENCY  ASSISTANCE"  SHALL MEAN (1) ANY ASSISTANCE OR ADVICE,
   47  FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
   48  PROVISION OF STRUCTURAL, ELECTRICAL,  MECHANICAL  OR  OTHER  ENGINEERING
   49  SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE
   50  EDUCATION LAW; (3) ARCHITECTURAL SERVICES RENDERED PURSUANT  TO  ARTICLE
   51  ONE  HUNDRED  FORTY-SEVEN  OF THE EDUCATION LAW; (4) LANDSCAPE ARCHITEC-
   52  TURAL SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED  FORTY-EIGHT  OF
   53  THE  EDUCATION  LAW;  (5)  LAND  SURVEYING SERVICES RENDERED PURSUANT TO
   54  ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR  (6)  GEOLOGICAL
   55  SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE
       A. 6214                             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.