NY State Senate Bill 2021-S6377

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to veterans, homeland security and military affairs
Apr 26, 2021	referred to veterans, homeland security and military affairs

co-Sponsors

2021-S6377 (ACTIVE) - Details

See Assembly Version of this Bill:: A5769
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4238, A6214
2017-2018: S4135, A4241
2019-2020: S8159, A4142
2023-2024: S3312, A8066

2021-S6377 (ACTIVE) - Summary

Enacts the New York emergency responder act limiting the liability of certain emergency responders.

2021-S6377 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6377

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the New York
emergency responder act

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide licensed design professionals and others in the building and
construction industry rights and benefits pertaining to liability for
providing advice, services, labor and materials during times of emergen-
cy, crisis or catastrophe, including weather related events.  Such
rights and benefits would not be applied in cases of wanton, willful, or
intentional misconduct, nor to services provided after 90 days of the
emergency. This legislation shall not affect the liability of any
government entity that requests these services.

 
EXISTING LAW:

Currently, engineers, architects, landscape architects, land surveyors,
contractors, subcontractors, laborers, suppliers and other parties may
be held liable for assistance rendered during emergencies to the same
extent as in non-emergency situations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 29-f to the executive law to provide that any person,
firm or corporation, including any engineer, architect, landscape archi-
tect, land surveyor, contractor, subcontractor, laborer, and/or suppli-
er, who is acting in official capacity to render advice or services in
connection with a declared emergency is not liable for certain damages
that may occur.

 
JUSTIFICATION:

In times of natural disasters, emergencies or other catastrophic events,
architectural, engineering and construction expertise and skills are
needed to provide advice and services to determine the integrity of and
to stabilize, repair and rehabilitate structures, buildings, piping, or
other engineered systems on an emergency basis.  Professional engineers,
architects, landscape architects, land surveyors, contractors, subcon-
tractors, laborers and suppliers are willing to assist their communi-
ties, states and the nation in these times of crisis.

Such persons and firms, however, may face substantial liability exposure
when furnishing services to assist government on an emergency basis.
Many states have recognized this liability threat and have enacted laws
that provide immunity for the performance of services at the request of
government entities in times of declared emergencies. Insurance premiums
for professionals and contractors in the building, design and
construction industries have been on the rise and further accelerated by
catastrophic natural and man-made events in recent years, including the
events of September 11, 2001, and Hurricanes Irene and Sandy in 2011 and
2012. In addition, as those professionals and contractors that responded
to the events of September 11, 2001 learned, insurance may not be avail-
able at any reasonable price. As a result, professionals and contractors
that responded in the wake of September 11, 2001, chose not to do so
when subsequent emergencies occurred. In light of the resulting infras-
tructural and humanitarian disasters, it is time that New York State
joined in the national efforts to enact "Emergency Responder" protection
laws.

 
PRIOR LEGISLATIVE HISTORY:

2013-14 Session - S. 5673 referred to Veterans, Homeland Security and
Military Affairs - no significant action

2015-16 session - S.4238 - passed Senate both years

2017 -18 Session: S.4135 = passed Senate

2020 Session: S8159 - Referred To Veterans, Homeland Security And Mili-
tary Affairs

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately upon the date on which it shall
have become a law.

2021-S6377 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6377
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sens. SAVINO, SANDERS -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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.
   (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09803-01-1

 S. 6377                             2
 
 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
 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-

 S. 6377                             3
 
 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
 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

 S. 6377                             4
 
 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.

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Senate Bill S6377

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2021-S6377 (ACTIVE) - Details

2021-S6377 (ACTIVE) - Summary

2021-S6377 (ACTIVE) - Sponsor Memo

2021-S6377 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6377

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

James Sanders Jr.

Joseph P. Addabbo Jr.

2021-S6377 (ACTIVE) - Details

2021-S6377 (ACTIVE) - Summary

2021-S6377 (ACTIVE) - Sponsor Memo

2021-S6377 (ACTIVE) - Bill Text download pdf

Comments