S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4241--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, PEOPLES-STOKES, BENEDETTO, CUSICK,
   HEVESI, JAFFEE, LUPARDO,  TITONE,  ZEBROWSKI,  CRESPO,  FAHY,  WEPRIN,
   COOK,  COLTON,  D'URSO,  HARRIS,  JEAN-PIERRE, JENNE, McDONALD, ORTIZ,
   RODRIGUEZ, SANTABARBARA, SEPULVEDA, SIMANOWITZ, SKOUFIS, STIRPE, WOER-
   NER, CROUCH, FRIEND, LUPINACCI,  MALLIOTAKIS,  BLAKE,  KEARNS,  JOHNS,
   B. MILLER  --  Multi-Sponsored  by  --  M.  of A. ABBATE, BLANKENBUSH,
   GALEF, MAGEE, SIMON -- read once and  referred  to  the  Committee  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".
   § 2. The executive law is amended by adding a new section 29-f to read
 as follows:
   § 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, AND ACTING IN HIS OR
 HER OFFICIAL CAPACITY.
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03673-02-7

 A. 4241--A                          2
 
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
   (E)  "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.
   (F) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
 VILLAGE.
   (G)  "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.
   (H) "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.
   (I) "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.
   (J)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
 FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
 CENTRAL HIGH SCHOOL DISTRICT.
   (K)  "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.
   (L) "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
 EDUCATION  LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING

 A. 4241--A                          3
 
 DECLARED EMERGENCY, OR NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED  IN
 PARAGRAPH A OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE.
   2.  SUBJECT  TO  PARAGRAPHS  (A)  THROUGH (G) OF THIS SUBDIVISION, ANY
 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 OF A PUBLIC  OFFI-
 CIAL,  LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY OFFICIAL OR CODE ENFORCE-
 MENT OFFICIAL, 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,  MUNICIPAL CORPORATION, STATE
 DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL
 DISTRICT; SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES FOR INJURIES RESULT-
 ING FROM ANY ACT OF COMMISSION OR OMISSION ON HIS OR  HER  PART  IN  THE
 COURSE  OF HIS OR HER RENDERING SUCH ASSISTANCE UNLESS IT IS ESTABLISHED
 THAT SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE, OR RECKLESS,  WANTON
 OR  INTENTIONAL  MISCONDUCT,  ON  THE  PART OF SUCH PERSON ARISING FROM,
 DIRECTLY OR INDIRECTLY,  THE  PERSON,  CORPORATION  OR  ENTITY,  OR  THE
 EMPLOYEES  OR  AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELATING TO
 THE RENDERING OR FURNISHING OF THE VOLUNTARY  OR  CONTRACTUAL  EMERGENCY
 ASSISTANCE  IN  CONNECTION WITH THE DISASTER OR EMERGENCY, PROVIDED THAT
 THE EMERGENCY ASSISTANCE CONSISTS OF ACTS, ADVICE, SERVICE, WORK, LABOR,
 MATERIALS, 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  RIGHTS AND BENEFITS 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  APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT OR AUTHORITY
 ADVISES THE PRIVATE PERSON, CORPORATION OR OTHER ENTITY THAT IS  PROVID-
 ING THE EMERGENCY ASSISTANCE IN WRITING THAT THE EMERGENCY ASSISTANCE IS
 COMPLETED.
   (B)  THE  RIGHTS  AND BENEFITS 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
 PURSUANT TO A SEPARATE WRITTEN AGREEMENT FOR WORK  TO  BE  PERFORMED  OR
 SERVICES TO BE RENDERED AFTER THE CONCLUSION OF THE EMERGENCY ASSISTANCE
 WHERE   THE   PRIMARY  PURPOSE  OF  SUCH  AGREEMENT  IS  THE  DESIGN  OR
 CONSTRUCTION OF A PERMANENT REPAIR,  RESTORATION,  CORRECTION  OR  OTHER
 REMEDY  OF  THE  CONDITIONS  THAT CAUSED OR WERE DAMAGED BY THE DECLARED
 EMERGENCY, OR NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED IN PARAGRAPH
 A OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE.
   (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 RIGHTS AND
 BENEFITS PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE OR LOCALI-
 TY, IF ANY, WHICH REQUESTED THE SERVICES SHALL NOT BE  AFFECTED  BY  THE
 PROVISIONS OF THIS SECTION.
   (D)  THE  RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT APPLY
 TO PERSONS, CORPORATIONS OR OTHER ENTITIES (1) WHOSE PRIMARY BUSINESS OR
 OCCUPATION, AT THE TIME OF THE OCCURRENCE OF  THE  DISASTER  OR  CIRCUM-
 STANCES  THAT  GAVE  RISE  TO THE DECLARED EMERGENCY FOR WHICH EMERGENCY
 ASSISTANCE WAS PROVIDED, IS ONE OF PROVIDING EMERGENCY  FIRST  RESPONDER

 A. 4241--A                          4
 
 SERVICES  IN  RESPONSE  TO  DECLARED EMERGENCIES, AND NATIONAL, STATE OR
 LOCAL DISASTERS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF SECTION
 TWENTY OF THIS ARTICLE; OR (2) IS REGULARLY ENGAGED IN THE  BUSINESS  OF
 MANUFACTURING  EQUIPMENT  THAT  IS INTENDED FOR GENERAL USE IN EMERGENCY
 RESPONSE OPERATIONS.
   (E) THE RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL  NOT  APPLY
 TO  PERSONS,  CORPORATIONS OR OTHER ENTITIES WHOSE NEGLIGENCE OR WILLFUL
 MISCONDUCT CAUSED, IN  WHOLE  OR  IN  MATERIAL  PART,  THE  DISASTER  OR
 DECLARED EMERGENCY.
   (F)  NOTHING  IN  THIS SECTION SHALL AFFECT THE RIGHTS AND BENEFITS OF
 INDIVIDUALS EXPRESSLY AUTHORIZED TO PARTICIPATE IN  VOLUNTEER  EMERGENCY
 RESPONSE  ACTIVITIES  UNDER  THE  DIRECTION  OF  OR IN CONNECTION WITH A
 COMMUNITY EMERGENCY RESPONSE TEAM, COUNTY EMERGENCY  MANAGEMENT  AGENCY,
 STATE  EMERGENCY MANAGEMENT AGENCY, STATE-SPONSORED VOLUNTEER PROGRAM OR
 FEDERAL EMERGENCY MANAGEMENT AGENCY.
   (G) THE RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT  AFFECT
 THE  RIGHTS  OF  INDIVIDUALS  TO  SEEK  WORKERS'  COMPENSATION INSURANCE
 COMPENSATION AND OTHER BENEFITS THEREUNDER.
   § 3. This act shall take effect immediately.