senate Bill S5305

Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

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Bill Status


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

  • 03 / May / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 10 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 06 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency.

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Bill Details

See Assembly Version of this Bill:
A1330
Versions:
S5305
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง28, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S4670, A10455

Sponsor Memo

BILL NUMBER:S5305

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:

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.

SUMMARY OF PROVISIONS:

This bill would amend section 28 of 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, Adelphi University offered Nassau County its campus as a
site for an emergency pharmaceutical distribution center in the event
of a pandemic or a bioterror attack. However, Nassau County could not
provide a liability exemption for the university because Nassau
County would not assure liability on behalf of the university.
Adelphi could not come to an agreement with Nassau County to allow
this point of distribution center on the campus.

This legislation does not extend immunity in the event of willful
misconduct or gross negligence or from events arising out of the
operation of motor vehicles. This legislation will provide our first
responders and partners in disaster response with the peace of mind
that they can perform their duties without the worry that they will
be held responsible for unfortunate circumstances far beyond their
control.

LEGISLATIVE HISTORY:

2006 - S.6914A (similar) Passed Senate

FISCAL IMPLICATIONS:

None Noted.


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
________________________________________________________________________

                                  5305

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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
                      [ ] is old law to be omitted.
                                                           LBD05531-01-1

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