S T A T E O F N E W Y O R K
________________________________________________________________________
7932
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
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Introduced by M. of A. ABBATE, JOHN, BOYLAND, SCHROEDER -- read once and
referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to liability for
negligence or tort of firefighters or fire officers while acting in
the performance of duty and within the scope of their employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 50-j-1 to read as follows:
S 50-J-1. LIABILITY OF FIREFIGHTERS AND FIRE OFFICERS FOR NEGLIGENCE
IN THE PERFORMANCE OF DUTY. 1. NOTWITHSTANDING THE PROVISIONS OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER OR CODE TO THE CONTRARY, EVERY
CITY, COUNTY, TOWN, VILLAGE, OR FIRE DISTRICT SHALL BE LIABLE FOR, AND
SHALL ASSUME THE LIABILITY TO THE EXTENT THAT IT SHALL SAVE HARMLESS,
ANY DULY APPOINTED FIREFIGHTER OR FIRE OFFICER OF SUCH MUNICIPALITY FOR
ANY NEGLIGENT ACT OR TORT, PROVIDED SUCH FIREFIGHTER OR FIRE OFFICER, AT
THE TIME OF THE NEGLIGENT ACT OR TORT COMPLAINED OF, WAS ACTING IN THE
PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT.
2. FOR PURPOSES OF THIS SECTION, A FIREFIGHTER OR FIRE OFFICER OF ANY
SUCH MUNICIPAL CORPORATION, ALTHOUGH EXCUSED FROM OFFICIAL DUTY AT THE
TIME, SHALL BE DEEMED TO BE ACTING IN THE DISCHARGE OF DUTY WHEN
ENGAGED IN THE IMMEDIATE AND ACTUAL PERFORMANCE OF A PUBLIC DUTY
IMPOSED BY LAW AND SUCH PUBLIC DUTY PERFORMED WAS FOR THE BENEFIT OF THE
CITIZENS OF THE COMMUNITY WHEREIN SUCH PUBLIC DUTY WAS PERFORMED AND THE
MUNICIPAL CORPORATION, DERIVED NO SPECIAL BENEFIT IN ITS CORPORATE
CAPACITY.
3. NO ACTION OR SPECIAL PROCEEDING INSTITUTED HEREUNDER SHALL BE PROS-
ECUTED OR MAINTAINED AGAINST THE MUNICIPALITY CONCERNED OR SUCH FIRE-
FIGHTER OR FIRE OFFICER UNLESS NOTICE OF CLAIM SHALL HAVE BEEN MADE AND
SERVED UPON SUCH MUNICIPALITY, AUTHORITY OR AGENCY IN COMPLIANCE WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11482-01-9
A. 7932 2
SECTION FIFTY-E OF THIS ARTICLE. EVERY SUCH ACTION SHALL BE COMMENCED
PURSUANT TO THE PROVISIONS OF SECTION FIFTY-I OF THIS ARTICLE.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE CITY OF NEW
YORK.
5. NOTHING IN THIS SECTION SHALL BE DEEMED TO REMOVE THE PROTECTION
PROVIDED VOLUNTEER FIREFIGHTERS AND FIRE OFFICERS UNDER SECTION TWO
HUNDRED FIVE-B OF THIS CHAPTER.
6. A. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
SECTION, UPON DISCRETIONARY ADOPTION OF A LOCAL LAW, ORDINANCE, RESOL-
UTION, RULE OR REGULATION, ANY CITY, COUNTY, TOWN, VILLAGE, OR FIRE
DISTRICT SHALL PROVIDE FOR THE DEFENSE OF ANY CIVIL ACTION OR PROCEEDING
BROUGHT AGAINST A DULY APPOINTED FIREFIGHTER OR FIRE OFFICER OF SUCH
MUNICIPALITY, AND SHALL INDEMNIFY AND SAVE HARMLESS SUCH FIREFIGHTER OR
FIRE OFFICER FROM ANY JUDGMENT OF A COURT OF COMPETENT JURISDICTION
WHENEVER SUCH ACTION, PROCEEDING OR JUDGMENT IS FOR PUNITIVE OR EXEM-
PLARY DAMAGES, ARISING OUT OF A NEGLIGENT ACT OR OTHER TORT OF SUCH
FIREFIGHTER OR FIRE OFFICER COMMITTED WHILE IN THE PROPER DISCHARGE OF
HIS OR HER DUTIES AND WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT. SUCH
MUNICIPALITY IS HEREBY AUTHORIZED AND EMPOWERED TO PURCHASE INSURANCE TO
COVER THE COST OF SUCH DEFENSE AND INDEMNIFICATION.
B. THE DETERMINATION OF WHETHER ANY SUCH FIREFIGHTER OR FIRE OFFICER
PROPERLY DISCHARGED HIS OR HER DUTIES WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT SHALL BE MADE IN A MANNER WHICH SHALL BE PROMULGATED BY THE
CHIEF EXECUTIVE OFFICER OR IF THERE BE NONE, THE CHIEF LEGISLATIVE OFFI-
CER, AND ADOPTED BY THE GOVERNING BOARD OF SUCH MUNICIPALITY.
S 2. This act shall take effect immediately.