senate Bill S277B

2011-2012 Legislative Session

Authorizes mutual aid agreements between counties for the provision of services by coroners and medical examiners and requires certain training

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to local governments
delivered to assembly
passed senate
Jun 04, 2012 amended on third reading 277b
May 30, 2012 amended on third reading (t) 277a
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.207
Jan 04, 2012 referred to local government
Jan 05, 2011 referred to local government

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S277 - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Add §672 & 672-a, County L
Versions Introduced in 2009-2010 Legislative Session:
S3220

S277 - Bill Texts

view summary

Authorizes mutual aid agreements between counties for the provision of services by coroners and medical examiners; establishes medical-legal investigation training requirements for coroners and coroner's deputies.

view sponsor memo
BILL NUMBER:S277

TITLE OF BILL:
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

PURPOSE:
To allow coroners' services from adjacent counties to assist
a county in a time of disaster.

SUMMARY OF PROVISIONS:
Section 1 amends the county
law by adding a new
section 672, which authorizes counties to enter into written or
mutual aid agreements for the provision of services provided by the
county coroner's office or the office of the medical examiner in such
counties.

Section 2 provides that this bill shall not alter the liability of any
county that enters into a mutual aid agreement under this bill to a
third party claimant for any cause of action that arises out of such
an agreement. In addition, proper venue shall be any of the counties
involved.

Section 3 states the effective date.

JUSTIFICATION:
Recent events, natural catastrophe or
terrorist-related, have brought to light the need for cooperation
between counties to assist one another in the expedient management of
mass casualties. As the law exists today, a large scale catastrophe
would be too large of a burden for counties with only one coroner.
Additionally, if the existing coroner falls ill, there is no one to
replace him. These mutual aid agreements would improve counties'
capabilities to manage emergencies and deaths.

BILL HISTORY:
S.2621-A 2007/2008; Advanced to Third Reading,
Committed to Rules Committee.
S.3220 of 2009/2010; Referred to Local Government

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   277

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, GOLDEN, GRIF-
  FO, RANZENHOFER, SALAND, 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.
                                                           LBD01670-01-1

Co-Sponsors

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S277A - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Add §672 & 672-a, County L
Versions Introduced in 2009-2010 Legislative Session:
S3220

S277A - Bill Texts

view summary

Authorizes mutual aid agreements between counties for the provision of services by coroners and medical examiners; establishes medical-legal investigation training requirements for coroners and coroner's deputies.

view sponsor memo
BILL NUMBER:S277A

TITLE OF BILL:
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
and establishes certain training requirements

PURPOSE:
To allow coroners' services from adjacent counties to assist a county
in a time of disaster and to establish training requirements for
coroners.

SUMMARY OF PROVISIONS:
Section 1 amends the county law by adding two new sections 672 and
672-a, which authorizes counties to enter into written or mutual aid
agreements far the provision of services provided by the county
coroner's office or the office of the medical examiner in such
counties requirement.

Also, this bill shall not alter the liability of any county that
enters into a mutual aid agreement under this bill to a third party
claimant for any cause of action that arises out of such an
agreement. Proper venue shall be any of the counties involved. In
addition, certain training requirements are established for coroners.

Section 2 states the effective date.

JUSTIFICATION:
Recent events, natural catastrophe or terrorist-related, have brought
to light the need for cooperation between counties to assist one
another in the expedient management of mass casualties. As the law
exists today, a large scale catastrophe would be too large of a
burden for counties with only one coroner. Additionally, if the
existing coroner falls ill, there is no one to replace him. These
mutual aid agreements would improve counties' capabilities to manage
emergencies and deaths. In addition, proper training of coroners is
needed to ensure the prevision of proper services.

LEGISLATIVE HISTORY:
S.2621A 2007/2008; Advanced to Third Reading, Committed to Rules
Committee.
S.3220 of 2009/2010; Referred to Local Government

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming law,
with provisions.

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

                                 277--A
    Cal. No. 207

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, GOLDEN, GRIF-
  FO, RANZENHOFER, SALAND, YOUNG -- read twice and ordered printed,  and
  when  printed  to be committed to the Committee on Local Government --
  recommitted to the Committee on Local Government  in  accordance  with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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 and establishes certain training requirements

  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 two  new  sections  672
and 672-a 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01670-03-2

S. 277--A                           2

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  672-A.  TRAINING  REQUIREMENTS FOR CORONERS AND CORONER'S DEPUTIES.
EACH CORONER AND CORONER'S DEPUTY, WHETHER ELECTED OR APPOINTED PURSUANT
TO SECTION FOUR HUNDRED OF THIS CHAPTER, SHALL ATTEND  AND  SUCCESSFULLY
COMPLETE  STATE-APPROVED COURSES IN MEDICAL-LEGAL INVESTIGATION PRIOR TO
THE TAKING OF SUCH OFFICE, OF IF SUCH COURSE CANNOT BE  COMPLETED  PRIOR
TO  TAKING  OFFICE,  THEN NO LATER THAN NINETY DAYS AFTER TAKING OFFICE.
SUCH COURSES SHALL  BE  PRESCRIBED,  CERTIFIED  AND  CREDITED  IN  RULES
PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, THE SUPERINTENDENT OF STATE POLICE, THE
COMMISSIONER  OF  EDUCATION,  AND  OTHER  INTERESTED PROFESSIONAL GROUPS
INCLUDING, BUT NOT LIMITED TO, THE NEW YORK STATE ASSOCIATION OF  COUNTY
CORONERS  AND  MEDICAL  EXAMINERS.  THE  FREQUENCY  AND DURATION OF SUCH
COURSES SHALL BE ESTABLISHED BY SUCH RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner  of
criminal  justice  services is authorized and directed to promulgate any
rules and regulations necessary to implement the provisions of this  act
on its effective date on or before such date.

Co-Sponsors

view additional co-sponsors

S277B (ACTIVE) - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Add §672 & 672-a, County L
Versions Introduced in 2009-2010 Legislative Session:
S3220

S277B (ACTIVE) - Bill Texts

view summary

Authorizes mutual aid agreements between counties for the provision of services by coroners and medical examiners; establishes medical-legal investigation training requirements for coroners and coroner's deputies.

view sponsor memo
BILL NUMBER:S277B

TITLE OF BILL:
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
and establishes certain training requirements

PURPOSE:
To allow coroners' services from adjacent counties to assist a county
in a time of disaster and to establish training requirements for
coroners.

SUMMARY OF PROVISIONS:
Section 1 amends the county law by adding two new sections 672 and
672-a, which authorizes counties to enter into written or mutual aid
agreements far the provision of services provided by the county
coroner's office or the office of the medical examiner in such
counties requirement.

Also, this bill shall not alter the liability of any county that
enters into a mutual aid agreement under this bill to a third party
claimant for any cause of action that arises out of such an
agreement. Proper venue shall be any of the counties involved. In
addition, certain training requirements are established for coroners.

Section 2 states the effective date.

JUSTIFICATION:
Recent events, natural catastrophe or terrorist-related, have brought
to light the need for cooperation between counties to assist one
another in the expedient management of mass casualties. As the law
exists today, a large scale catastrophe would be too large of a
burden for counties with only one coroner. Additionally, if the
existing coroner falls ill, there is no one to replace him. These
mutual aid agreements would improve counties' capabilities to manage
emergencies and deaths. In addition, proper training of coroners is
needed to ensure the prevision of proper services.

LEGISLATIVE HISTORY:
S.2621A 2007/2008; Advanced to Third Reading, Committed to Rules
Committee.
S.3220 of 2009/2010; Referred to Local Government

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming law, with
provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 277--B
    Cal. No. 207

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, GOLDEN, GRIF-
  FO, RANZENHOFER, SALAND, YOUNG -- read twice and ordered printed,  and
  when  printed  to be committed to the Committee on Local Government --
  recommitted to the Committee on Local Government  in  accordance  with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading -- again amended and ordered  reprinted,  retaining  its
  place in the order of third reading

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 and establishes certain training requirements

  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 two new sections 672
and 672-a 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01670-04-2

S. 277--B                           2

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  672-A.  TRAINING  REQUIREMENTS FOR CORONERS AND CORONER'S DEPUTIES.
EACH CORONER AND CORONER'S DEPUTY, WHETHER ELECTED OR APPOINTED PURSUANT
TO SECTION FOUR HUNDRED OF THIS CHAPTER, SHALL ATTEND  AND  SUCCESSFULLY
COMPLETE  STATE-APPROVED COURSES IN MEDICAL-LEGAL INVESTIGATION PRIOR TO
THE TAKING OF SUCH OFFICE, OR IF SUCH COURSE CANNOT BE  COMPLETED  PRIOR
TO  TAKING  OFFICE,  THEN NO LATER THAN THIRTY DAYS AFTER TAKING OFFICE.
THE COST OF SUCH COURSES SHALL BE THE RESPONSIBILITY OF THE  CORONER  OR
CORONER'S   DEPUTY,  PROVIDED  HOWEVER  THAT  THE  COUNTY  MAY,  AT  ITS
DISCRETION, REIMBURSE THE CORONER OR  CORONER'S  DEPUTY  FOR  ALL  OR  A
PORTION  OF THE COST OF SUCH COURSES.  SUCH COURSES SHALL BE PRESCRIBED,
CERTIFIED AND CREDITED IN RULES PROMULGATED BY THE DIVISION OF  CRIMINAL
JUSTICE  SERVICES  IN  CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE
SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF EDUCATION, AND OTHER
INTERESTED PROFESSIONAL GROUPS INCLUDING, BUT NOT LIMITED  TO,  THE  NEW
YORK  STATE  ASSOCIATION  OF  COUNTY CORONERS AND MEDICAL EXAMINERS. THE
FREQUENCY AND DURATION OF SUCH COURSES  SHALL  BE  ESTABLISHED  BY  SUCH
RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
criminal justice services is authorized and directed to  promulgate  any
rules  and regulations necessary to implement the provisions of this act
on its effective date on or before such date.

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