Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to veterans, homeland security and military affairs |
Apr 27, 2009 |
referred to veterans, homeland security and military affairs |
Senate Bill S4670
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4670 (ACTIVE) - Details
2009-S4670 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4670 TITLE OF BILL : An act to amend the executive law, in relation to providing an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency PURPOSE : This bill would provide that any person, firm or corporation that is contracted by the state or any political subdivision of this state be exempt from civil liability in the performance of their duties during a state disaster emergency, except in cases that involve gross negligence or willful misconduct. SUMMARY OF SPECIFIC PROVISIONS : This bill would amend the executive law to provide that any person, firm or corporation that is contracted by the state or any political subdivision of this state be exempt from civil liability in the performance of their duties during a state disaster emergency, except in cases that involve gross negligence or willful misconduct. JUSTIFICATION : Providing immunity of civil liability to first responders and those that are contracted by the state, or any municipality within, to respond or mitigate a disaster is an essential component to emergency response and disaster preparedness in New York. For example,
2009-S4670 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4670 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. LEIBELL -- 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 providing an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 28 of the executive law is amended by adding two new subdivisions 5 and 6 to read as follows: 5. DURING A STATE DISASTER EMERGENCY, ANY PRIVATE PERSON, FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO- RATION, IN THE PERFORMANCE OF A CONTRACT RELATED TO SUCH EMERGENCY WITH AND UNDER THE DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER THE LIABILITY OF ANY SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS- ING OUT OF THE OPERATION OF MOTOR VEHICLES. 6. DURING A STATE DISASTER EMERGENCY, ANY PRIVATE PERSON, FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO- RATION, WHO RENDERS ASSISTANCE OR ADVICE IN CONNECTION WITH SUCH EMER- GENCY AT THE REQUEST OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER THE LIABILITY OF ANY SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS- ING OUT OF THE OPERATION OF MOTOR VEHICLES. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.