senate Bill S3552A

Authorizes a municipality to contract for the assistance of a volunteer wilderness/inland search and rescue team

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 25 / Feb / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 01 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1099
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 23 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 25 / Apr / 2012
    • 1ST REPORT CAL.580
  • 26 / Apr / 2012
    • 2ND REPORT CAL.
  • 30 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • AMENDED ON THIRD READING (T) 3552A
  • 12 / Jun / 2012
    • SUBSTITUTED BY A5668A

Summary

Authorizes a municipality to contract for the assistance of a volunteer wilderness/inland search and rescue team for the purpose of locating and rescuing an individual or individuals; provides that such a municipality shall not be liable to the team or its members.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5668A
Versions:
S3552
S3552A
Legislative Cycle:
2011-2012
Law Section:
General Municipal Law
Laws Affected:
Amd ยง209-bb, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S7751, A8750
2007-2008: A670A, A670A

Sponsor Memo

BILL NUMBER:S3552A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to authorizing a
municipality to contract for the assistance of a volunteer
wilderness/inland search and rescue team

PURPOSE:
To define a Volunteer Search and Rescue Worker as an individual
trained and certified by the Department of Environmental
Conservation. Also to expand the existing definition of Specialized
Rescue Team to include teams with members of Volunteer Search and
Rescue Teams.

SUMMARY:
Section 1 amends section 209-bb of the general municipal law to add
volunteer wilderness/inland search and rescue teams to the list of
specialized teams authorized for municipal-wide or intermunicipal
service by resolution of the municipality's governing body.

Section 1 also adds a new part 2 to section 209-bb of the general
municipal law in order to define volunteer wilderness/inland search
and rescue teams and team members, authorize municipalities to
contract with such teams, and provide liability protections for
municipalities.

Section 2 provides for the immediate enactment of this bill.

JUSTIFICATION:
There are more than 26 professional Search and Rescue teams in New
York State. Federal and State agencies recognize the importance of
the roles that Wilderness/Inland Search and Rescue teams have in
emergency service and now include them in local, State, and Federal
emergency plans. They also serve a critical role in safeguarding some
of our most vulnerable citizens with dementia and developmental
disabilities.

These teams serve their communities alongside fire, ambulance, law
enforcement, and other emergency services groups but without the same
recognition under current law.

This bill will allow those teams to be formed by resolution of, or
contract with a municipality, while at the same time ensuring
municipalities are protected from liability.

LEGISLATIVE HISTORY:
S.7751 of 2010 - Referred to Local Governments
S.3552 of 2011 - Passed Senate

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3552--A                                            A. 5668--A
    Cal. No. 580

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 25, 2011
                               ___________

IN  SENATE -- Introduced by Sens. RITCHIE, AVELLA, DeFRANCISCO, GALLIVAN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Local Government -- recommitted to the  Committee  on
  Local  Government in accordance with Senate Rule 6, sec. 8 -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. MAGEE, TENNEY, GIGLIO, OAKS, McDO-
  NOUGH, MURRAY, GRAF, BRINDISI -- read once and referred to the Commit-
  tee  on  Local  Governments  --  recommitted to the Committee on Local
  Governments in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the general municipal law, in relation to authorizing a
  municipality  to  contract  for  the   assistance   of   a   volunteer
  wilderness/inland search and rescue team

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 209-bb of the general municipal law, as amended by
chapter 482 of the laws of 1997, is amended to read as follows:
  S 209-bb.  Specialized teams; VOLUNTEER WILDERNESS/INLAND  SEARCH  AND
RESCUE TEAMS.  1. A. By resolution, after a public hearing the governing
body  of  each  county,  city  and  town is authorized, respectively, to
establish, maintain and  supervise  municipal-wide  and  inter-municipal
specialized teams.
  [2.]  B.  Counties, cities and towns are authorized to appropriate and
expend such sums as are  deemed  necessary  to  establish  and  maintain
specialized teams pursuant to this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08754-02-2

S. 3552--A                          2                         A. 5668--A

  [3.]  C.  Municipalities and organizations that insure volunteer fire-
fighters, volunteer ambulance workers or  municipal  employees,  as  the
term "employee" is defined under section eighteen of the public officers
law, may extend such insurance coverage to members of a specialized team
by resolution.
  [4.]  D.  For  the purposes of this section, "specialized teams" shall
mean any emergency team or squad  composed  of  volunteer  firefighters,
volunteer  ambulance  workers  or  municipal  employees,  who shall have
attained the minimum level of training or experience to meet  qualifying
standards  established by the office of fire prevention and control, and
which is administered by the state, a  county,  city  or  town  for  the
purposes of training for or responding to a man made or natural disaster
by  carrying  out  any activities which are within the relevant training
and expertise of such municipal employees or are authorized pursuant  to
the volunteer firefighters' benefit law or the volunteer ambulance work-
ers' benefit law but which are not normally provided by such entities.
  2.  A.  THE  GOVERNING  BODY OF EACH COUNTY, CITY, TOWN AND VILLAGE IS
AUTHORIZED, RESPECTIVELY, TO CONTRACT FOR THE ASSISTANCE OF A  VOLUNTEER
WILDERNESS/INLAND SEARCH AND RESCUE TEAM FOR THE PURPOSE OF LOCATING AND
RESCUING AN INDIVIDUAL OR INDIVIDUALS.
  B.  NO MUNICIPALITY SHALL BE LIABLE FOR THE INJURY, DEATH OR DAMAGE TO
A VOLUNTEER WILDERNESS/INLAND SEARCH AND  RESCUE  TEAM  OR  ITS  MEMBERS
OCCURRING  DURING  THE  PERFORMANCE OF THE ACTIVITIES AUTHORIZED BY THIS
SECTION. SUCH TEAM AND ITS MEMBERS SHALL INDEMNIFY AND HOLD HARMLESS THE
MUNICIPALITY  THAT  CONTRACTED  FOR  ASSISTANCE  WITH   SUCH   VOLUNTEER
WILDERNESS/INLAND  SEARCH  AND  RESCUE  TEAM  PURSUANT  TO  THIS SECTION
AGAINST ANY CLAIM OF LIABILITY FOR ANY INJURY, DEATH OR PROPERTY  DAMAGE
THAT  MAY  OCCUR  AS  A  RESULT  OF AN ACT OF SUCH TEAM AND ITS MEMBERS,
INCLUDING, BUT NOT LIMITED TO,  ANY  INDEMNITY  PAID,  ATTORNEYS'  FEES,
COSTS  AND LITIGATION EXPENSES. THE PROVISIONS OF THIS SUBDIVISION SHALL
NOT APPLY WHEN THE MUNICIPALITY HAS ENGAGED IN WILLFUL MISCONDUCT, GROSS
NEGLIGENCE OR RECKLESSNESS.
  C. FOR PURPOSES OF THIS SECTION, "VOLUNTEER  WILDERNESS/INLAND  SEARCH
AND  RESCUE  TEAM"  OR  "TEAM" SHALL MEAN AN ORGANIZATION: WHOSE MEMBERS
HAVE OBTAINED A MINIMUM LEVEL OF TRAINING OR EXPERIENCE AS MAY BE ESTAB-
LISHED BY THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION'S  OFFICE  OF
PUBLIC PROTECTION; THAT IS FORMED FOR THE PURPOSE OF LOCATING AND RESCU-
ING,  OR  RECOVERING,  A  KNOWN  INDIVIDUAL  OR KNOWN INDIVIDUALS, IN AN
UNKNOWN LOCATION, WHOSE SAFETY MAY BE THREATENED BY  CONDITIONS  RELATED
TO THE ENVIRONMENT OR OTHER FACTORS; THAT IS INCORPORATED UNDER THE LAWS
OF  NEW YORK STATE; AND THAT OPERATES NOT FOR PECUNIARY PROFIT OR FINAN-
CIAL GAIN.
  D. FOR THE PURPOSES  OF  THIS  SECTION,  "VOLUNTEER  WILDERNESS/INLAND
SEARCH  AND RESCUE TEAM MEMBER" SHALL MEAN AN ACTIVE VOLUNTEER MEMBER OF
A VOLUNTEER SEARCH AND RESCUE TEAM WHO MEETS THE MINIMUM LEVEL OF TRAIN-
ING OR EXPERIENCE PURSUANT TO PARAGRAPH C OF  THIS  SUBDIVISION  AND  IS
SPECIFIED   ON   A   LIST   REGULARLY   MAINTAINED   BY   THE  VOLUNTEER
WILDERNESS/INLAND SEARCH AND RESCUE TEAM. SUCH LIST SHALL BE PROVIDED TO
A REQUESTING MUNICIPALITY. IN ADDITION, FOR PURPOSES OF THIS SECTION,  A
VOLUNTEER  WILDERNESS/INLAND  SEARCH  AND RESCUE TEAM MEMBER SHALL BE AN
INDEPENDENT CONTRACTOR AND SHALL NOT BE CONSIDERED AN OFFICER OR EMPLOY-
EE OF THE CONTRACTING MUNICIPALITY.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.