S T A T E O F N E W Y O R K
________________________________________________________________________
3220
2009-2010 Regular Sessions
I N S E N A T E
March 12, 2009
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Introduced by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, GOLDEN, GRIF-
FO, MORAHAN, RANZENHOFER, SALAND, SEWARD, VOLKER, YOUNG -- read twice
and ordered printed, and when printed to be committed to the Committee
on Local Government
AN ACT to amend the county law, in relation to mutual aid agreements
between counties for the provision of services by coroners and medical
examiners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The county law is amended by adding a new section 672 to
read as follows:
S 672. MUTUAL AID AGREEMENTS FOR CORONERS' SERVICES. 1. TWO OR MORE
COUNTIES ARE AUTHORIZED TO ENTER INTO WRITTEN MUTUAL AID AGREEMENTS FOR
THE PROVISION OF SERVICES PROVIDED BY THE COUNTY CORONER'S OFFICE OR
OFFICE OF THE MEDICAL EXAMINER IN SUCH COUNTIES. EACH COUNTY SHALL BE
LIABLE FOR ACTS OR OMISSIONS OF ITS EMPLOYEES OR AGENTS WHEN ACTING
PURSUANT TO SUCH AN AGREEMENT IN THE SAME MANNER AND TO THE SAME EXTENT
AS IF SUCH ACTS OR OMISSIONS OCCURRED WITHIN THE COUNTY; AND SUCH
EMPLOYEES OR AGENTS SHALL HAVE IMMUNITIES AND PRIVILEGES FOR THEIR ACTS
OR OMISSIONS WHEN ACTING PURSUANT TO SUCH AN AGREEMENT IN THE SAME
MANNER AND TO THE SAME EXTENT AS IF SUCH ACTS OR OMISSIONS OCCURRED
WITHIN THE COUNTY; EXCEPT THAT SUCH A CONTRACT MAY APPORTION LIABILITY
OTHERWISE BETWEEN OR AMONG THE COUNTIES.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE LIABILITY
OF ANY COUNTY THAT ENTERS INTO A MUTUAL AID AGREEMENT PURSUANT TO THIS
SECTION TO A THIRD PARTY CLAIMANT FOR ANY CAUSE OF ACTION THAT ARISES
OUT OF SUCH AGREEMENT. THE PROPER VENUE FOR ANY SUCH CAUSE OF ACTION
SHALL BE IN ANY OF THE COUNTIES INVOLVED IN SUCH CAUSE OF ACTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06141-01-9