senate Bill S5787

Signed by Governor

Relates to the state fire mobilization and mutual aid plan

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Bill Status


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

  • 14 / Jun / 2013
    • REFERRED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1410
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A7971
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.487
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 02 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 11 / Jul / 2013
    • SIGNED CHAP.101

Summary

Relates to state fire mobilization and mutual aid plan; relates to the acceptance of gifts by the state; relates to immunity from liability for emergency alerts.

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Bill Details

See Assembly Version of this Bill:
A7971
Versions:
S5787
Legislative Cycle:
2013-2014
Law Section:
Civil Service Law
Laws Affected:
Amd §58-a, Civ Serv L; amd §236-b, County L; amd §§156-a, 156-c, 159, 711 & 29-i, add §29-j, Exec L; amd §§209-e, 209-f, 209-g & 209-w, Gen Muni L

Sponsor Memo

BILL NUMBER:S5787

TITLE OF BILL: An act to amend the civil service law, the county law,
the executive law and the general municipal law, in relation to making
technical corrections thereto and the state fire mobilization and
mutual aid plan (Part A); to amend the executive law, in relation to
the acceptance of gifts by the state (Part B); and to amend the
executive law, in relation to immunity from liability for emergency
alerts (Part C)

Purpose: In recent years, New York has experienced a number of
disaster emergencies that have impacted many parts of the State and
required a coordinated response to maximize the use of available
local, state, federal and private resources in preparing for and
responding to these disaster emergencies. This bill would improve the
State's ability to make such a coordinated response

Summary of Provisions:

I. The Office of Fire Prevention and Control (Part A)

This bill would make technical changes to the Civil Service Law, the
County Law, the Executive Law and the General Municipal Law to reflect
the removal of the Office of Fire Prevention and Control ("OFPC") from
the Department of State and its consolidation into the Division of
Homeland Security and Emergency Services ("DHSES"). It also would: (a)
make technical changes necessitated by the repeal of certain boards
and commissions that formerly provided policy and other guidance on
fire-related issues; (b) amend references to the Governor's authority
to promulgate certain regulations pursuant to Executive L § 159-d,
which was repealed by L. 2010, c. 56; and (c) incorporate
gender-neutral language into various provisions of law, by changing
references to "firemen" to "firefighters."

Further, the bill would authorize the State Fire Administrator to
promulgate rules and regulations necessary to implement the state fire
mobilization and mutual aid plan.

Finally, it would update the requirement that when a sheriff declares
a state of special emergency pursuant to General Municipal L. § 209-f
he or she must notify the Governor of that declaration by "telegram,"
by allowing such notification also to be made by facsimile or other
electronic means.

II. Authorizing the Office of Emergency Management ("OEM") to Accept
Gifts (Part B)

The bill would add a new Executive L. § 29-j to authorize OEM to
accept any assistance, including gifts of real and personal property,
but not money, from a public or private source for purposes of
preparing for, responding to or recovering from a state disaster
emergency. Such assistance could be used to support state or local
disaster operations, and could be distributed to disaster response
organizations that are supporting local disaster response operations.
To ensure transparency, OEM would maintain a public database
concerning gifts that are accepted, including the donors and


recipients of the gifts, the type of assistance provided and the value
of that assistance.

III.Immunity from Liability for Emergency Alerts (Part C)

The NY-Text system will allow mass text messages to be sent to all
wireless telephones in a chosen area before, during and after an
emergency. These messages may be used, for example, to send evacuation
warnings, or to provide information on the location of food, water,
shelters or other resources that may be needed in the wake of a
disaster emergency. Executive L § 29-i, enacted in L. 2013, c 55,
gives immunity from liability to mobile service providers for acts or
omissions relating to, or harm resulting from, the transmission or
failure to transmit an emergency alert, when the provider acted
reasonably and in good faith This bill would amend that section to
also provide such immunity to "third-party intermediary transmission
service providers" who are acting on behalf of the State or a mobile
service provider in facilitating the transmission of emergency alert
messages.

Existing Law: L. 2010, c. 56 created the DHSES to consolidate, in one
agency, the Office of Emergency Management (formerly the State
Emergency Management Office) and OFPC, as well as the Office of
Counterterrorism and the Office of Cyber Security. As part of that
consolidation of agencies, the Fire Safety Advisory Board, the Arson
Board and the Fire Fighting and Code Enforcement Personnel Standards
and Education Commission ("the Commission") were repealed, and some of
their duties given to a newly created Advisory Council for Fire
Prevention and Control. Also repealed was Executive L. § 159-d, which
authorized the Governor to promulgate regulations recommended by the
Commission.

General Municipal L. § 209-e sets forth the authority of the State
Fire Administrator to prepare a fire mobilization and mutual aid plan
and § 209-f provides that when a sheriff declares a state of special
emergency, he or she must first notify the Governor by telegram.

OEM has no statutory authority to accept gifts on behalf of the State.

Executive L § 29-i, enacted as part of L. 2013, c 55, provides that
providers of mobile services who transmit emergency alerts on behalf
of the State shall be immune from liability for acts or omissions
relating to the transmission of such alerts,

Justification: This bill would improve the State's ability to prepare
for and respond to fire emergencies and other disasters. First, by
making technical corrections to a number of sections of law, it will
clarify the respective roles of the State Fire Administrator and the
Secretary of State with respect to a number of fire-related issues,
including who has authority to promulgate rules and regulations,
including those necessary for the successful implementation of the
State's fire mobilization and mutual aid plan. Second, it would
simplify a sheriff's ability to fulfill the requirement that he or she
notify the Governor of a declared state of special emergency, but
giving the sheriff options other than a "telegram" to make such a
notification.


Third, the bill would permit the State OEM to accept gifts - excluding
money - to be used in preparation for, responding to and recovering
from a State disaster emergency. This will allow better coordination
and use of such gifts and donations.

Finally, granting immunity from liability to third-party intermediary
transmission service providers will expedite the State's
implementation of the NY-Text emergency alert system by removing a
barrier to the State's ability to contract with a provider that
already has the necessarily technological solution to operate such an
alert system. Having such an alert system in place before the next
hurricane season is and should be a priority for the State.

Legislative History: This is a new bill.

Budget Implications: None.

Effective Date: This bill would take effect immediately.

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

                                  5787

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sens.  BALL,  MARCELLINO, CARLUCCI -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

AN ACT to amend the civil service law, the county law, the executive law
  and  the  general  municipal  law,  in  relation  to  making technical
  corrections thereto and the state fire  mobilization  and  mutual  aid
  plan  (Part A); to amend the executive law, in relation to the accept-
  ance of gifts by the state (Part B); and to amend the  executive  law,
  in relation to immunity from liability for emergency alerts (Part C)

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

  Section 1. This act enacts into law components of legislation relating
to the preparation for and response to  disasters and other emergencies.
Each component is wholly contained within a Part identified as  Parts  A
through  C.  The  effective date for each particular provision contained
within such Part is set forth in the last  section  of  such  Part.  Any
provision  in  any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be  deemed
to  mean  and refer to the corresponding section of the Part in which it
is found. Section three of this act sets  forth  the  general  effective
date of this act.

                                 PART A

  Section  1. Section 58-a of the civil service law, as added by chapter
369 of the laws of 1976, subdivisions 1 and  5 as amended by chapter 225
of the laws of 1979, is amended to read as follows:
  S 58-a. Requirements  for  provisional  or  permanent  appointment  of
certain  fire fighters.   1. Notwithstanding any other provision of this
law or any general, special or local law  to  the  contrary,  no  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12030-02-3

S. 5787                             2

shall  be  eligible  for  provisional  or  permanent  appointment in the
competitive class of the civil service as a fire fighter  unless  he  OR
SHE shall satisfy the basic requirements for education, health and phys-
ical  fitness  established  by  the  [governor  pursuant  to section one
hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO  SECTION  ONE
HUNDRED FIFTY-EIGHT of the executive law.
  2.  Notwithstanding the provisions of subdivision one of this section,
upon the request of a municipal commission having  jurisdiction  over  a
fire  department  and  upon a showing by such municipal commission and a
determination by the state commission that aggravated recruitment diffi-
culties are causing a serious shortage of fire  fighters  in  such  fire
department  and  that  such  municipal  commission  and  all appropriate
authorities are making diligent efforts, including payment  of  adequate
compensation,  to  overcome  such  recruitment  difficulties,  the state
commission, with the approval of the [fire fighting personnel  standards
and  education  commission]  STATE  FIRE  ADMINISTRATOR,  may change the
educational, health and physical fitness  requirements  for  provisional
and  permanent appointment as a fire fighter in such fire department for
a period not exceeding two years from the date  of  such  determination.
Such  changes  may  be authorized for an additional period not exceeding
two years, upon a showing and a determination similar to  that  required
hereunder for the original authorization.
  3.  The provisions of this section shall not prevent the establishment
of more restrictive local requirements for eligibility for  fire  fight-
ers.
  4.  For  the purposes of this section fire fighter means a member of a
fire department whose duties include fire service  as  the  phrase  fire
service is defined in paragraph d of subdivision eleven of section three
hundred two of the retirement and social security law.
  5.  Any  person  whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the date
educational, health and physical fitness requirements for fire  fighters
are  promulgated by the [governor pursuant to section one hundred fifty-
nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED  FIFTY-
EIGHT  of  the  executive  law,  shall  continue  to remain eligible for
appointment from such list during the life of such list without satisfy-
ing such requirements provided he OR SHE would otherwise  have  remained
eligible  for  appointment  from  such list if this section had not been
enacted.
  6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which  employs  five
or fewer fire fighters.
  S  2.  Section 236-b of the county law, as added by chapter 339 of the
laws of 2009, subdivision 4 as amended by section 12 of part O of  chap-
ter 55 of the laws of 2012, is amended to read as follows:
  S 236-b. County electrical inspector licensing. 1. Notwithstanding any
inconsistent  general, special, or local law to the contrary, the county
of Westchester is hereby authorized to establish  a  Westchester  county
board  of  examiners for electrical inspectors and to empower such board
to assume all licensing duties within the  county  of  Westchester  with
respect  to  the licensure of electrical inspectors. The county of West-
chester shall provide for electrical inspectors' duties and responsibil-
ities with respect to applications for a license or renewal  in  accord-
ance  with the local law of such county. A local law enacted pursuant to
this section establishing  county  licensure  of  electrical  inspectors
shall provide standards for licensure which shall include, at a minimum,

S. 5787                             3

a  provision  that  no  person shall obtain a license unless such person
shall have received training in the inspection of electrical components,
equipment and systems used in buildings and structures which is at least
equivalent  to  the training in the inspection of electrical components,
equipment and systems used in buildings and structures required for code
enforcement personnel under the rules and regulations promulgated by the
[governor pursuant to article six-C]  SECRETARY  OF  STATE  PURSUANT  TO
SECTION THREE HUNDRED SEVENTY-SIX-A of the executive law.
  2.  A  local  law enacted pursuant to this section establishing county
licensure of electrical inspectors shall supersede any provision requir-
ing electrical inspectors to also obtain a local license promulgated  by
a  city,  town or village in the county pursuant to any general, special
or local law. Nothing in this section shall be deemed to  supersede  any
of  the  powers,  functions  and  duties  of the [fire fighting and code
enforcement personnel standards and education commission, as  set  forth
in  article  six-C] SECRETARY OF STATE PURSUANT TO SECTION THREE HUNDRED
SEVENTY-SIX-A of the executive law.
  3. In this section, the term "electrical  inspector"  shall  mean  any
person  who  now  or hereafter inspects electrical components, equipment
and systems used in buildings and structures to determine the compliance
of such electrical components, equipment and systems and  the  installa-
tion  of  such  electrical  components,  equipment  and systems with the
applicable provisions of the state uniform fire prevention and  building
code  promulgated  pursuant  to  article  eighteen of the executive law;
provided, however, that the term electrical inspector shall not  include
any  person who performs such inspections as an employee of the state of
New York, any agency of the state of New York, or any county, city, town
or village. In no event shall any person who now or  hereafter  performs
such  inspections as an employee of the state of New York, any agency of
the state of New York, or any county, city, town or village be  required
to  obtain  a license issued pursuant to this section or pursuant to any
local law enacted pursuant to this section.
  4. In this section, the term "agency of the state of New  York"  shall
include  any  department, bureau, commission, board, public authority or
other agency of the state of New York; any  public  benefit  corporation
whose  board of directors includes any member appointed by the governor;
any subdivision of any department,  bureau,  commission,  board,  public
authority  or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office of information technology services.
  S 3.  Section 156-a of the executive law, as amended by section  1  of
part  D  of  chapter  1 of the laws of 2004, subdivision 1 as amended by
section 23 of part G of chapter 58 of the laws of 2012,  is  amended  to
read as follows:
  S 156-a. Establishment  of a specialized hazardous materials emergency
response training program. 1. The state fire administrator shall  estab-
lish  a  specialized  hazardous  materials  emergency  response training
program for individuals responsible  for  providing  emergency  response
recovery  following incidents involving hazardous materials as such term
is defined in regulations promulgated by the commissioner of transporta-
tion pursuant to section fourteen-f of  the  transportation  law.    The
state  fire  administrator  shall  inform  all fire companies, municipal
corporations and districts, including agencies and  departments  thereof
and  all firefighters, both paid and volunteer, and related officers and
employees and police officers of the implementation and availability  of
the  hazardous  materials emergency response training program and shall,

S. 5787                             4

subject to the availability of an appropriation, conduct  such  training
with  sufficient  frequency  to  assure  adequate  response to incidents
involving hazardous  materials  and  protection  of  responders  in  all
geographic areas of the state.
  2.  The  state fire administrator[, in consultation with the aforemen-
tioned commission] shall prescribe the curriculum of the hazardous mate-
rials emergency response training  program,  which  shall  include,  but
shall not be limited to:
  (a)  hands-on  training,  including  information in regard to leak and
spill  control,  product  neutralization,  pickup  and  disposal,   fire
control,  decontamination  procedures  and  use  and application of foam
agents;
  (b) hazard assessment with emphasis on incident scene decision-making,
including: potential threat to public safety and  need  for  evacuation,
calculation of the effect of weather on certain chemicals and evaluation
of  the  result  of  chemical exposures to air, water, soil, vegetation,
lives and property and impact on the personal safety of those working in
the accident area;
  (c) calibration and use of emergency equipment;
  (d) chemical and biological properties of various  classes  of  chemi-
cals, for example, flammables, oxidizers, corrosives, poisons; and
  (e) weapons of mass destruction and response to terrorism.
  3.  The  state fire administrator is hereby directed to issue a report
to the governor, speaker of the assembly,  temporary  president  of  the
senate, chairman of the assembly transportation committee and the chair-
man  of  the  senate  transportation committee by [April first] FEBRUARY
FIFTEENTH of each year on the operations of the  program  set  forth  in
this section.
  4.  The state fire administrator shall promulgate such rules and regu-
lations as are necessary to carry out the provisions of this section.
  S 4. Subdivision 8 of section 156-c of the executive law,  as  amended
by chapter 583 of the laws of 2006, is amended to read as follows:
  8.  a.  To enforce the provisions of this section, the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR may take administrative action  imposing  the  civil  penalties  and
suspensions authorized by subdivision five of this section. In addition,
the  attorney general may bring an action on behalf of the people of the
state of New York to enjoin acts in violation of  this  section  and  to
recover  any civil penalties unless civil penalties have been previously
recovered in such administrative proceedings.
  b. Any enforcement officer as  defined  in  section  thirteen  hundred
ninety-nine-t  of  the  public health law shall have the power to impose
upon any retail dealer the civil  penalties  authorized  by  subdivision
five  of  this section, following a hearing conducted in the same manner
as hearings conducted under article thirteen-E of the public health law.
  c. To enforce the provisions of  this  section,  the  commissioner  of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR,  or their duly authorized representatives, are hereby authorized to
examine the books, papers, invoices and other records of any  person  in
possession,  control  or  occupancy of any premises where cigarettes are
placed, stored, sold or offered for sale, as well as the stock of  ciga-
rettes  in any such premises. Every person in the possession, control or
occupancy of any premises where cigarettes are placed, sold  or  offered
for  sale,  is  hereby directed and required to give the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR, and their duly authorized representatives,  the  means,  facilities

S. 5787                             5

and  opportunity  for  such  examinations as are herein provided for and
required.
  d. Whenever any police officer designated in section 1.20 of the crim-
inal procedure law or a peace officer designated in subdivision four and
subdivision  seventy-nine  pertaining  to  the  [Department  of State's]
Office of Fire Prevention and Control, of  section  2.10  of  such  law,
acting  pursuant  to his or her special duties, shall discover any ciga-
rettes which have not been marked in the manner required by  subdivision
six  of this section, such officer is hereby authorized and empowered to
seize and take possession of such  cigarettes.  Such  seized  cigarettes
shall  be  turned  over to the commissioner of taxation and finance, and
shall be forfeited to the state.  Cigarettes  seized  pursuant  to  this
section shall be destroyed.
  e.  The  [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, IN CONSULTATION  WITH  THE  STATE  FIRE
ADMINISTRATOR,  and  the commissioner of taxation and finance are hereby
authorized to promulgate such regulations as  are  deemed  necessary  to
implement the provisions of this section.
  S  5.  Subdivision  2 of section 159 of the executive law, as added by
section 29-b of part B of chapter 56 of the laws of 2010, is amended  to
read as follows:
  2.  The  council shall be composed of the state fire administrator, as
chair, or his or her designee, and twelve  other  members  appointed  as
follows: six members appointed by the governor; two members appointed by
the  temporary  president  of  the  senate;  one member appointed by the
minority leader of the senate; two members appointed by the  speaker  of
the  assembly; one member appointed by the minority leader of the assem-
bly. [Members of the fire safety advisory board, the arson board and the
firefighting and  code  enforcement  personnel  standard  and  education
commission may be appointed to this advisory council.]
  S  6.  Subdivision  2 of section 711 of the executive law, as added by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
  2. The [director] COMMISSIONER shall appear and give testimony  before
the  annual legislative hearing on public protection held jointly by the
assembly committee on ways and means and the senate finance committee as
provided for in section three of article  VII  of  the  New  York  state
constitution and section thirty-one of the legislative law.
  S 7. Section 209-e of the general municipal law, as amended by chapter
225  of  the laws of 1979, subdivisions 1 and 2 as amended by section 45
of part B of chapter 56 of the laws of 2010 and subdivision 8  as  added
by chapter 827 of the laws of 1987, is amended to read as follows:
  S  209-e.  Fire  mobilization  and mutual aid plan. 1. Plan. The state
fire administrator shall prepare a state fire  mobilization  and  mutual
aid  plan  which  may provide for the establishment of fire mobilization
and mutual aid zones of the state. Upon filing of the plan in the office
of fire prevention and control such plan shall  become  the  state  fire
mobilization  and mutual aid plan. Such plan may be amended from time to
time in the same manner as originally adopted.
  2. Regional fire administrators.  The  state  fire  administrator  may
appoint and remove a regional fire administrator for each fire mobiliza-
tion  and mutual aid zone established pursuant to the state fire mobili-
zation and mutual aid plan. Before he OR SHE enters on the duties of the
office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of office, which shall be administered  and  certified  by  the  officer

S. 5787                             6

taking the same without compensation and shall be filed in the office of
[fire prevention and control] THE SECRETARY OF STATE.
  3.  Regulations. The COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, IN CONSULTATION WITH THE state fire  administra-
tor,  may  make  regulations  and  issue orders which he OR SHE may deem
necessary to implement the state fire mobilization and mutual  aid  plan
and carry out the purposes of this section.
  4.  Powers.  Whenever  a  county, city, town, village or fire district
shall request, or whenever the governor shall determine that the  public
interest  so  requires,  the  state fire administrator shall possess and
exercise the powers, functions and duties set forth in  the  state  fire
mobilization and mutual aid plan.
  5.  Standard  thread.  The state fire mobilization and mutual aid plan
shall prescribe a standard hose thread for the state, and  each  county,
city,  town,  village or fire district not equipped with the same may be
required either to recut its threads to such standard or provide  adapt-
ers whereby the same may be brought to such standards.
  6. Records. The state fire administrator shall keep a permanent public
record  of the activations of the state fire mobilization and mutual aid
plan, showing how, when and where it was activated and when  such  acti-
vation was terminated.
  7.   Reimbursement   of   assisting  municipal  corporations  or  fire
districts.  Whenever the governor activates the state fire  mobilization
and mutual aid plan pursuant to subdivision four of this section, claims
submitted  by  an  assisting  municipal corporation or fire district for
expenses allowed by subdivision two of section  two  hundred  nine-g  of
this  article made in performance of its duties on behalf of a receiving
municipality or fire district pursuant to such plan may be reimbursed in
the first instance by the state from any local assistance  appropriation
established  for  such  purpose. Reimbursements of such claims from such
appropriation may be made only upon certification of such claim  by  the
state  fire  administrator  to  the  state comptroller and audit of such
claim by the state comptroller prior to payment. Expenditures  for  such
reimbursements  from  such appropriation shall be considered a liability
for outside aid as described in section two hundred nine-g of this arti-
cle and shall be repaid by the municipality or fire  district  receiving
assistance pursuant to the state fire mobilization and mutual aid plan.
  8.  Hazardous  materials  incident  plan. The state fire administrator
shall prepare a hazardous materials incident plan which shall complement
and become a part of the  plan  required  by  subdivision  one  of  this
section.    The plan shall provide for the mobilization and coordination
of fire service resources in response to emergencies  which  involve  or
may  involve hazardous materials and shall establish hazardous materials
incidents response zones and criteria for recognized regional  hazardous
materials  incidents  response  teams. The office of fire prevention and
control, by and through the state fire administrator or his OR HER  duly
authorized  officers  and  employees, is authorized to approve grants of
funds from monies allocated and appropriated therefor  for  expenditures
of municipal corporations for hazardous materials incidents planning and
equipment,  pursuant  to applicable rules and regulations promulgated by
the [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND  SECU-
RITY  AND EMERGENCY SERVICES, IN CONSULTATION WITH THE STATE FIRE ADMIN-
ISTRATOR, and approved by the director of the budget.
  S 8. Paragraph a of subdivision 2 of  section  209-f  of  the  general
municipal  law,  as  amended  by  chapter  1003  of the laws of 1965, is
amended to read as follows:

S. 5787                             7

  a. Notwithstanding any inconsistent provision of law, general, special
or local, the sheriff of  any  county  may,  when  the  public  interest
requires  it,  declare a state of special emergency in any part or parts
of his county where the public peace is  threatened  or  where  life  or
property  may be endangered, after first advising the governor, by tele-
gram [addressed to the governor at the executive offices in the city  of
Albany, New York,], FACSIMILE OR OTHER ELECTRONIC MEANS that he is about
to do so.
  S 9. Section 209-g of the general municipal law, as amended by chapter
699  of the laws of 1956, subdivision 3 as amended by chapter 312 of the
laws of 1963 and subdivision 5 as amended by chapter 1003 of the laws of
1968, is amended to read as follows:
  S 209-g. Liability for outside aid. 1. Notwithstanding any  inconsist-
ent provision of law, general, special or local, any county, city, town,
village  or  fire  district  requesting fire aid pursuant to section two
hundred nine-e of this [chapter] ARTICLE or any county,  city,  town  or
village  requesting police aid pursuant to section two hundred nine-f of
this [chapter] ARTICLE, shall be liable and responsible to the assisting
municipal corporation or fire district for any  loss  of  or  damage  to
apparatus  or  equipment  or supplies and shall bear and pay the expense
incurred in the operation and maintenance of any apparatus or  equipment
and  the  cost  of  materials and supplies used or consumed in rendering
such aid and assistance, but such liability and responsibility shall not
apply or extend to apparatus, equipment, materials and supplies owned or
supplied by the state.
  2. The state or assisting municipal corporation or  fire  district  in
such  case  shall  be  liable  for salaries or other compensation to the
assisting forces furnished during the time they shall not be  performing
their duties for the state or for the assisting municipal corporation or
fire  district  and  shall  defray  the actual traveling and maintenance
expense of such assisting forces while they are rendering such  aid  and
assistance,  but  the  receiving  municipal corporation or fire district
shall reimburse the assisting municipal corporation or fire district for
any moneys paid for such salaries or other  compensation  and  traveling
and  maintenance  expense.  Any  such claim for loss, damage, expense or
cost shall not be allowed unless within sixty days after the same  shall
have  been  sustained  or incurred a written notice of such claim, under
oath, itemizing such loss, damage, expense or cost, is served by mail or
otherwise upon the comptroller or chief fiscal officer of such receiving
municipal corporation or fire district. An  assisting  municipal  corpo-
ration  or  fire  district  may assume any such loss, damage, expense or
cost or loan such equipment and apparatus or donate such services to the
receiving municipal corporation or fire district without charge or cost.
  3. A county, city, town, village or fire district shall be liable  for
all  payments  to be made to or on behalf of injured volunteer [firemen]
FIREFIGHTERS or to representatives of deceased volunteer [firemen] FIRE-
FIGHTERS pursuant to and in accordance with the provisions of the volun-
teer [firemen's] FIREFIGHTERS' benefit law.   The amount so  paid  by  a
town shall be assessed in the manner provided in such law.
  4.  Neither  the  state  nor the civil or political subdivision of the
state whose police or fire forces or employees are engaged in  rendering
such  outside  aid  and  assistance  pursuant to any request for aid and
assistance or pursuant to direction of the governor or other official or
agency authorized by, or pursuant to law so to direct shall be liable or
accountable in any way or on account of any act or omission on the  part
of any officer or member of such forces or of any such employee while so

S. 5787                             8

engaged or for or on account of the operation, maintenance or use of any
apparatus, equipment, materials or supplies in connection therewith, nor
shall  any  sheriff  be  held liable or accountable in any way for or on
account of any act or omission on the part of any of his OR HER deputies
within  or  without  the county of their appointment where such deputies
are under the command of an officer other than himself OR HERSELF.
  5. Notwithstanding any inconsistent provision of law, general, special
or local, (a) any county whose sheriff, or in the county of  Nassau  the
county  executive,  declared  a state of special emergency within his OR
HER county pursuant to section two  hundred  nine-f  of  this  [chapter]
ARTICLE, which resulted in men OR WOMEN and/or equipment being furnished
by  the  sheriff of another county for use in the county of the sheriff,
or in the county of Nassau the county executive, declaring the state  of
emergency,  shall be liable and responsible to the county of the assist-
ing sheriff for salaries or other compensation paid or due  the  persons
comprising  the  assisting  forces  during the time they were engaged in
performing services in the county of the requesting sheriff, or  in  the
county  of  Nassau  the  county executive, and for all loss or damage to
apparatus, equipment and  supplies  used  or  consumed  by  the  persons
comprising  such assisting forces in rendering aid and assistance in the
county of the requesting sheriff, or in the county of Nassau the  county
executive,  provided  an itemized claim therefor is submitted in writing
to the chief fiscal officer of the county of the requesting sheriff,  or
in  the  county  of Nassau the county executive, within sixty days after
the termination of such an emergency. An assisting county may,  however,
assume  any  such  cost,  loss or damage, and all payments made or to be
made to or on behalf of such persons comprising such assisting forces or
to representatives of deceased  persons  who  comprised  such  assisting
forces pursuant to and in accordance with the provisions of any applica-
ble  law,  rule  or  ordinance, including the workmen's compensation law
which shall be deemed to be applicable. Neither the county whose sheriff
responded with men and/or equipment to a request for assistance made  by
another  sheriff  who  declared  a state of special emergency, or in the
county of Nassau the county  executive,  nor  a  responding  sheriff  or
employee of the responding county, shall be liable or accountable in any
way for any act or omission on the part of any person during the contin-
uance  of any such emergency, including but not restricted to the opera-
tion, maintenance or use of any  apparatus,  equipment  or  supplies  in
connection  therewith,  nor shall any sheriff be held liable or account-
able in any way for or on account of any act or omission on the part  of
any  of  his  OR  HER  deputies  within  or  without the county of their
appointment where such deputies are under  the  command  of  any  person
other than himself OR HERSELF, and (b) the city, town or village receiv-
ing  police aid pursuant to section two hundred nine-f of this [chapter]
ARTICLE shall assume the liability for all damages arising  out  of  any
act  performed  in  rendering such aid and shall reimburse the assisting
city, town, village, parkway  police  force,  state  park  police  force
and/or  county  police department for any moneys paid by it for salaries
or for other expenses incurred by it, including damage  to  or  loss  of
equipment and supplies. An assisting city, town, village, parkway police
force,  state  park  police  force  and/or county police department may,
however, assume in whole or in part any such cost, loss, damage or other
cost or charge sustained or suffered by it which is  applicable  to  its
rendering such aid, by taking appropriate action to accomplish the same,
and  the county of the receiving city, town or village may, by appropri-
ate action, elect to obligate itself to pay all or  part  of  any  money

S. 5787                             9

which  such  receiving municipality is obliged to pay arising out of and
applicable to its having received such aid, and (c) a regular, part time
or special deputy sheriff of a county shall not, for any reason, lose or
forfeit  any  right, benefit or privilege which he OR SHE would have had
in the county of his OR HER residence by becoming and/or  acting  as  an
emergency special deputy sheriff of another county during an emergency.
  6. THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, IN CONSULTATION WITH THE STATE FIRE ADMINISTRATOR, MAY PROMUL-
GATE  RULES  AND  REGULATIONS  NECESSARY  TO  CARRY  OUT THE PURPOSE AND
PROVISIONS OF THIS SECTION.
  S 10. Section 209-w of the general municipal law, as added by  chapter
369  of the laws of 1976, subdivisions 1 and 5 as amended by chapter 225
of the laws of 1979, is amended to read as follows:
  S 209-w. Permanent appointment of fire fighters; completion of  train-
ing program.  1. Notwithstanding the provisions of any general, special,
or  local  law  or  charter  to the contrary, no person shall, after the
effective date of regulations  adopted  by  the  [governor  pursuant  to
section  one  hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO
SECTION ONE  HUNDRED  FIFTY-EIGHT  of  the  executive  law,  receive  an
original appointment on a permanent basis as a fire fighter of any coun-
ty,  city, town, village, or fire district unless such person has previ-
ously been awarded a certificate by the state fire administrator attest-
ing to his OR HER satisfactory completion  of  an  approved  fire  basic
training program; and every person who is appointed on a temporary basis
or  for a probationary term or on other than a permanent basis as a fire
fighter of any county,  city,  town,  village  or  fire  district  shall
forfeit  his  OR  HER  position  as such unless he OR SHE previously has
satisfactorily completed, or within the time prescribed  by  regulations
promulgated   by   the   [governor   pursuant  to  section  one  hundred
fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION  ONE  HUNDRED
FIFTY-EIGHT of the executive law, satisfactorily completes, a fire basic
training  program  for  temporary  or  probationary fire fighters and is
awarded a certificate by the state fire administrator attesting thereto.
  2. The term fire fighter, as used in this section, shall mean a member
of a fire department whose duties include fire  service  as  the  phrase
fire  service is defined in paragraph d of subdivision eleven of section
three hundred two of the retirement and social security law.
  3. Nothing in this section shall  be  construed  to  exempt  any  fire
fighter  or  other  officer or employee from the provisions of the civil
service law.
  4. The provisions of this section shall not prevent the  establishment
of more restrictive local requirements for appointment of fire fighters.
  5.  Any  person  whose name was on an eligible list for appointment in
the competitive class of the civil service as  a  fire  fighter  on  the
effective date of any rules and regulations promulgated by the [governor
pursuant  to  section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR
PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive  law  shall
continue  to  remain  eligible  for permanent appointment from such list
during the life of such list without  satisfying  the  requirements  set
forth  in  subdivision  one  of  this  section, provided he OR SHE would
otherwise have remained eligible for  permanent  appointment  from  such
list if this section had not been enacted.
  6. The provisions of this section shall not apply to appointments made
by  any  county, city, town, village or fire district which employs five
or fewer fire fighters.
  S 11. This act shall take effect immediately.

S. 5787                            10

                                 PART B

  Section  1.  The executive law is amended by adding a new section 29-j
to read as follows:
  S 29-J. ACCEPTANCE OF GIFTS. 1. THE STATE OFFICE OF EMERGENCY  MANAGE-
MENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY
ACCEPT  ANY  ASSISTANCE, INCLUDING BUT NOT LIMITED TO GIFTS OR GRANTS OF
REAL OR PERSONAL PROPERTY, BUT NOT INCLUDING MONEY, FROM ANY  PUBLIC  OR
PRIVATE  SOURCE  FOR  THE  PURPOSE  OF  PREPARING FOR, RESPONDING TO, OR
RECOVERING FROM A STATE DISASTER EMERGENCY. SUCH ASSISTANCE MAY BE  USED
TO  SUPPORT STATE AND LOCAL DISASTER OPERATIONS OR DISTRIBUTED TO DISAS-
TER RESPONSE ORGANIZATIONS  SUPPORTING  LOCAL  DISASTER  RESPONSE  OPER-
ATIONS.    TO THE EXTENT PRACTICABLE, THE OFFICE OF EMERGENCY MANAGEMENT
SHALL DISTRIBUTE SUCH ASSISTANCE IN CONSULTATION WITH LOCAL GOVERNMENTS,
NOT-FOR-PROFIT ORGANIZATIONS, AND OTHER DISASTER RESPONSE  ORGANIZATIONS
THAT HAVE EXPERIENCE RESPONDING TO STATE DISASTER EMERGENCIES.
  2.  THE STATE OFFICE OF EMERGENCY MANAGEMENT SHALL MAINTAIN A DATABASE
OF ALL ASSISTANCE ACCEPTED DURING THE STATE DISASTER EMERGENCY AND SHALL
MAKE SUCH INFORMATION AVAILABLE TO THE PUBLIC ON ITS WEBSITE. THE  DATA-
BASE  SHALL  INCLUDE, BUT IS NOT LIMITED TO, THE NAME OF THE DONOR, TYPE
OF ASSISTANCE PROVIDED,  VALUE  OF  THE  ASSISTANCE,  RECIPIENT  OF  THE
ASSISTANCE  (IF  AVAILABLE),  DATE  OF THE DONATION AND DATE OF DISTRIB-
UTION.
  3. THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT, IN CONSULTATION
WITH THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, MAY PROMULGATE RULES AND REGULATIONS  NECESSARY  TO  IMPLEMENT
THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1. Section 29-i of the executive law, as added by section 1 of
part V of chapter 55 of the laws of 2013, is amended to read as follows:
  S  29-i. Immunity from liability for emergency alerts. Any provider of
mobile services, as defined in 47 U.S.C. 153,  including  its  officers,
directors,  employees,  AFFILIATES, vendors and agents, acting on behalf
of the state, AND  ANY  THIRD-PARTY  INTERMEDIARY  TRANSMISSION  SERVICE
PROVIDER,  INCLUDING  SUCH THIRD-PARTY INTERMEDIARY TRANSMISSION SERVICE
PROVIDER'S  AFFILIATES,  OFFICERS,  DIRECTORS,  EMPLOYEES,  VENDORS  AND
AGENTS,  ACTING  DIRECTLY  OR  INDIRECTLY  ON  BEHALF OF THE STATE OR ON
BEHALF OF ANY SUCH PROVIDER OF MOBILE SERVICES, that transmits emergency
alerts similar to those described in 47 CFR 10.10 and  10.400,  OR  THAT
TRANSMITS  ANY OTHER TYPE OR FORM OF EMERGENCY ALERT MESSAGES, shall not
be liable for any act or omission related to or any harm resulting  from
the  transmission  of,  or  failure  to  transmit,  an  emergency alert,
provided that such provider,  officer,  director,  employee,  AFFILIATE,
vendor or agent acted reasonably and in good faith.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of

S. 5787                            11

the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through C of this act shall  be
as specifically set forth in the last section of such Parts.

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