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.