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Senate Bill S5305

2011-2012 Legislative Session

Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2011-S5305 (ACTIVE) - Details

See Assembly Version of this Bill:
A1330
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง28, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4670, A10455
2013-2014: S2799
2015-2016: S2940

2011-S5305 (ACTIVE) - Summary

Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency.

2011-S5305 (ACTIVE) - Sponsor Memo

2011-S5305 (ACTIVE) - Bill Text download pdf 

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

                                  5305

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to providing an exemption
  from civil liability for any person who renders emergency medical care
  during a state declaration of disaster emergency

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

  Section  1.  Section  28 of the executive law is amended by adding two
new subdivisions 5 and 6 to read as follows:
  5. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
RATION,  IN THE PERFORMANCE OF A CONTRACT RELATED TO SUCH EMERGENCY WITH
AND UNDER THE DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER
THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE  FOR  CAUSING
THE  DEATH  OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN
THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.   NOTHING  IN  THIS
SUBDIVISION  SHALL  BE  DEEMED  TO RELIEVE OR ALTER THE LIABILITY OF ANY
SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS  OF
SUCH  PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS-
ING OUT OF THE OPERATION OF MOTOR VEHICLES.
  6. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
RATION,  WHO  RENDERS ASSISTANCE OR ADVICE IN CONNECTION WITH SUCH EMER-
GENCY AT THE REQUEST OF THE STATE OR ITS  POLITICAL  SUBDIVISIONS  UNDER
THE  PROVISIONS  OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING
THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY  EXCEPT  IN
THE  EVENT  OF  GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER  THE  LIABILITY  OF  ANY
SUCH  PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF
SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH  ARIS-
ING OUT OF THE OPERATION OF MOTOR VEHICLES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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