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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York emergency responder act".
  S 2. The executive law is amended by adding a new section 29-f to read
as follows:
  S  29-F.  THE  NEW  YORK  EMERGENCY  RESPONDER ACT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PUBLIC OFFICIAL" SHALL MEAN ANY  APPOINTED  OR  ELECTED  FEDERAL,
STATE  OR  LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDIC-
TION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED.
  (B) "PUBLIC SAFETY OFFICIAL"  SHALL  MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
HAS OCCURRED.
  (C) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE LAW ENFORCEMENT IN THE JURISDICTION IN  WHICH  THE  EMERGENCY  OR
EVENT HAS OCCURRED.
  (D)  "CODE  ENFORCEMENT  OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (E)  "DISASTER"  SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT OF WIDE-
SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR  PROPERTY  RESULTING
FROM  ANY  NATURAL  OR  MAN-MADE  CAUSES, INCLUDING, BUT NOT LIMITED TO,
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

MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
BACTERIOLOGICAL  RELEASE,  WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE
COLLAPSE.
  (F) "DECLARED EMERGENCY"  SHALL  MEAN  ANY  STATE  DISASTER  EMERGENCY
DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
  (G)  "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY OR
VILLAGE.
  (H) "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT  DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE.
  (I)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR ANY  OTHER  LAW
OF  THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR
OR WHO SERVE AS MEMBERS BY VIRTUE OF  HOLDING  A  CIVIL  OFFICE  OF  THE
STATE,  OTHER  THAN  AN  INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC
BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY  OR
PUBLIC BENEFIT CORPORATION.
  (J)  "LOCAL  AUTHORITY"  SHALL  MEAN: (1) A PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION CREATED BY OR EXISTING UNDER  THIS  CHAPTER  OR  ANY
OTHER  LAW  OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF THE
STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE  GOVER-
NOR  SPECIFICALLY  UPON  THE  RECOMMENDATION  OF THE LOCAL GOVERNMENT OR
GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
FIT CORPORATION LAW.
  (K) "SCHOOL DISTRICT" SHALL MEAN ANY  COMMON  SCHOOL  DISTRICT,  UNION
FREE  SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT, OR
CENTRAL HIGH SCHOOL DISTRICT.
  (L) "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY  IMPROVEMENT
DISTRICT,  DISTRICT  CORPORATION  OR  OTHER DISTRICT ESTABLISHED FOR THE
PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
OR SERVICES INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY  OR  CONVEN-
IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
TY  WITHIN  SUCH  DISTRICT,  AND  IN  WHICH  REAL PROPERTY IS SUBJECT TO
SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESSMENTS FOR  THE  PURPOSES  FOR
WHICH SUCH DISTRICT WAS ESTABLISHED.
  (M)  "EMERGENCY  ASSISTANCE"  SHALL MEAN (1) ANY ASSISTANCE OR ADVICE,
FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
PROVISION OF STRUCTURAL, ELECTRICAL,  MECHANICAL  OR  OTHER  ENGINEERING
SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE
EDUCATION LAW; (3) ARCHITECTURAL SERVICES RENDERED PURSUANT  TO  ARTICLE
ONE  HUNDRED  FORTY-SEVEN  OF THE EDUCATION LAW; (4) LANDSCAPE ARCHITEC-
TURAL SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED  FORTY-EIGHT  OF
THE  EDUCATION  LAW;  (5)  LAND  SURVEYING SERVICES RENDERED PURSUANT TO
ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR  (6)  GEOLOGICAL
SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE

A. 6214                             3

EDUCATION LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR  IMPENDING
NATIONAL, STATE OR LOCAL DISASTER OR DECLARED EMERGENCY.
  2.  ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE EMPLOYEES
AND AGENTS OF SUCH PERSON, CORPORATION OR OTHER ENTITY,  WHICH  PROVIDES
EMERGENCY  ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR WITH
THE CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT  OFFICIAL,
PUBLIC  SAFETY  OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN AN OFFI-
CIAL CAPACITY, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL DISTRICT, OR PURSUANT  TO  A
CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
OFFICIAL  OR  CODE  ENFORCEMENT OFFICIAL ACTING IN AN OFFICIAL CAPACITY,
MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORI-
TY, SCHOOL DISTRICT OR SPECIAL DISTRICT, SHALL NOT BE SUBJECT TO SUIT OR
CLAIM, NOR LIABLE FOR ANY  PERSONAL  INJURY,  WRONGFUL  DEATH,  PROPERTY
DAMAGE,  ECONOMIC  LOSS  OR ANY OTHER DAMAGE, LOSS OR CLAIM CAUSED BY OR
ARISING FROM, DIRECTLY OR INDIRECTLY, THE PERSON, CORPORATION OR ENTITY,
OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELAT-
ING TO THE RENDERING OR FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMER-
GENCY ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY, EXCEPT AS
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
TO ALL EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD  ENDING  ON  THE
LATER  OF  (1)  SIXTY DAYS AFTER THE EMERGENCY IS DECLARED TERMINATED BY
THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE  COMPLETION
OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
OR DISTRICT.
  (B)  THE  IMMUNITY  PROVIDED  IN THIS SECTION SHALL APPLY IN ALL CASES
EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR  A  SERVICE
FURNISHED  FOR  OR  IN  CONNECTION  WITH AN IMPENDING OR ACTUAL DECLARED
NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
THAT CONSTITUTES WANTON, WILLFUL OR  INTENTIONAL  MISCONDUCT,  OR  GROSS
NEGLIGENCE.
  (C)  WHERE  A PERSON, CORPORATION OR OTHER ENTITY, OR THE EMPLOYEES OR
AGENTS OF ANY PERSON, CORPORATION OR  OTHER  ENTITY  RENDERS  ADVICE  OR
SERVICES  AT  THE  REQUEST  OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND
WHERE SUCH ADVICE OR SERVICES FALL WITHIN  THE  AMBIT  OF  THE  IMMUNITY
PROVIDED  IN  THIS  SECTION,  THE LIABILITY OF THE STATE OR LOCALITY, IF
ANY,  WHICH  REQUESTED  THE  SERVICES  SHALL  NOT  BE  AFFECTED  BY  THE
PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.

                            
                    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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York emergency responder act".
  S 2. The executive law is amended by adding a new section 29-f to read
as follows:
  S 29-F. THE NEW YORK EMERGENCY RESPONDER  ACT.  1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "PUBLIC  OFFICIAL"  SHALL  MEAN ANY APPOINTED OR ELECTED FEDERAL,
STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN  THE  JURISDIC-
TION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED.
  (B)  "PUBLIC  SAFETY  OFFICIAL"  SHALL  MEAN  ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
HAS OCCURRED.
  (C)  "LAW  ENFORCEMENT  OFFICIAL"  SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE  LAW  ENFORCEMENT  IN  THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (D) "CODE ENFORCEMENT OFFICIAL" SHALL MEAN ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
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

  (E) "DISASTER" SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT  OF  WIDE-
SPREAD  OR  SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING
FROM ANY NATURAL OR MAN-MADE CAUSES,  INCLUDING,  BUT  NOT  LIMITED  TO,
FIRE,  FLOOD,  EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH WATER, LANDSLIDE,
MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
COLLAPSE.
  (F)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
  (G) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
VILLAGE.
  (H)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE.
  (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION.
  (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
FIT CORPORATION LAW.
  (K)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
CENTRAL HIGH SCHOOL DISTRICT.
  (L)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
WHICH SUCH DISTRICT WAS ESTABLISHED.
  (M) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY  ASSISTANCE  OR  ADVICE,
FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
PROVISION  OF  STRUCTURAL,  ELECTRICAL,  MECHANICAL OR OTHER ENGINEERING
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
EDUCATION  LAW;  (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW;  (4)  LANDSCAPE  ARCHITEC-
TURAL  SERVICES  RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF

A. 6214--A                          3

THE EDUCATION LAW; (5) LAND  SURVEYING  SERVICES  RENDERED  PURSUANT  TO
ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
EDUCATION  LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING
NATIONAL, STATE OR LOCAL DISASTER OR DECLARED EMERGENCY.
  2. ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE  EMPLOYEES
AND  AGENTS  OF SUCH PERSON, CORPORATION OR OTHER ENTITY, WHICH PROVIDES
EMERGENCY ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR  WITH
THE  CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL,
PUBLIC SAFETY OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN  AN  OFFI-
CIAL CAPACITY, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
LOCAL  AUTHORITY,  SCHOOL DISTRICT OR SPECIAL DISTRICT, OR PURSUANT TO A
CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN  AN  OFFICIAL  CAPACITY,
MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORI-
TY, SCHOOL DISTRICT OR SPECIAL DISTRICT, SHALL NOT BE SUBJECT TO SUIT OR
CLAIM,  NOR  LIABLE  FOR  ANY  PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
DAMAGE, ECONOMIC LOSS OR ANY OTHER DAMAGE, LOSS OR CLAIM  CAUSED  BY  OR
ARISING FROM, DIRECTLY OR INDIRECTLY, THE PERSON, CORPORATION OR ENTITY,
OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELAT-
ING TO THE RENDERING OR FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMER-
GENCY ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY, EXCEPT AS
SET  FORTH  IN PARAGRAPH (B) OF THIS SUBDIVISION PROVIDED THAT THE EMER-
GENCY ASSISTANCE CONSISTS OF ACTS, ADVICE, SERVICE, WORK, LABOR, MATERI-
ALS, SUPPLIES, EQUIPMENT OR OTHER ACTIVITIES THAT  ARE  CONSISTENT  WITH
THE  NATURE  OF  AND  RENDERED  PURSUANT TO THE REQUEST FOR, CONSENT TO,
APPROVAL OF, OR CONTRACT FOR SUCH EMERGENCY ASSISTANCE.
  (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
TO ALL EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD  ENDING  ON  THE
LATER  OF  (1)  SIXTY DAYS AFTER THE EMERGENCY IS DECLARED TERMINATED BY
THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE  COMPLETION
OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
OR DISTRICT.
  (B)  THE  IMMUNITY  PROVIDED  IN THIS SECTION SHALL APPLY IN ALL CASES
EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR  A  SERVICE
FURNISHED  FOR  OR  IN  CONNECTION  WITH AN IMPENDING OR ACTUAL DECLARED
NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
THAT CONSTITUTES WANTON, WILLFUL OR  INTENTIONAL  MISCONDUCT,  OR  GROSS
NEGLIGENCE.
  (C)  WHERE  A PERSON, CORPORATION OR OTHER ENTITY, OR THE EMPLOYEES OR
AGENTS OF ANY PERSON, CORPORATION OR  OTHER  ENTITY  RENDERS  ADVICE  OR
SERVICES  AT  THE  REQUEST  OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND
WHERE SUCH ADVICE OR SERVICES FALL WITHIN  THE  AMBIT  OF  THE  IMMUNITY
PROVIDED  IN  THIS  SECTION,  THE LIABILITY OF THE STATE OR LOCALITY, IF
ANY,  WHICH  REQUESTED  THE  SERVICES  SHALL  NOT  BE  AFFECTED  BY  THE
PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.