senate Bill S2799

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

  • 23 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • 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

Versions:
S2799
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง28, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5305
2009-2010: S4670

Votes

10
1
10
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Sponsor Memo

BILL NUMBER:S2799

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, film 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 6/16/11
Committed Discharged and Committed to Rules 6/6/12 Reported and
Committed to Finance

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
________________________________________________________________________

                                  2799

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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.
                                                           LBD05864-01-3

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