NY State Senate Bill 2013-S5672

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to veterans, homeland security and military affairs
Jun 03, 2013	referred to veterans, homeland security and military affairs

co-Sponsors

2013-S5672 (ACTIVE) - Details

See Assembly Version of this Bill:: A7715
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L

2013-S5672 (ACTIVE) - Summary

Enacts the New York emergency responder act limiting the liability of certain emergency responders.

2013-S5672 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5672

TITLE OF BILL:  An act to amend the executive law, in relation to
enacting the New York emergency responder act

PURPOSE OR GENERAL IDEA OF BILL:

To provide licensed design professionals and others in the building
and construction industry immunity from liability for providing
advice, services, labor and materials during times of emergency,
crisis or catastrophe, including weather related events. Such immunity
would not be applied in cases of wanton, willful, or intentional
misconduct, nor to services provided after 90 days of the emergency.
This legislation shall not affect the liability of any government
entity which requests these services.

EXISTING LAW:

Currently, engineers, architects, landscape architects, land
surveyors, contractors, subcontractors, laborers, suppliers and other
parties may be held liable for assistance rendered during emergencies
to the same extent as in non-emergency situations.

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 29-f to the executive law to provide that any

person, firm or corporation, including any engineer, architect,
landscape architect, land surveyor, contractor, subcontractor,
laborer, and/or supplier, who is requested to render advice or
services in connection with a declared emergency is not liable for
certain damages that may occur.

JUSTIFICATION:

In times of natural disasters, emergencies or other catastrophic
events, architectural, engineering and construction expertise and
skills are needed to provide advice and services to determine the
integrity of and to stabilize, repair and rehabilitate structures,
buildings, piping, or other engineered systems on an emergency basis.
Professional engineers, architects, landscape architects, land
surveyors, contractors, subcontractors, laborers and suppliers are
willing to assist their communities, states and the nation in these
times of crisis.

Such persons and firms, however, may face substantial liability
exposure when furnishing services to assist government on an emergency
basis. Many states have recognized this liability threat and have
enacted laws which provide immunity for the performance of services at
the request of government entities in times of declared emergencies.
Insurance premiums for professionals and contractors in the building,
design and construction industries have been on the rise and further
accelerated by catastrophic natural and man-made events in recent
years, including the events of September 11, 2001, and Hurricanes
Irene and Sandy in 2011 and 2012. In addition, as those professionals
and contractors that responded to the events of September 11, 2001
learned, insurance may not be available at any reasonable price. As a
result, professionals and contractors that responded in the wake of


September 11, 2001, chose not to do so when subsequent emergencies
occurred. In light of the resulting infrastructural and humanitarian
disasters, it is time that New York State joined in the national
efforts to enact "Emergency Responder" protection laws.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately upon the date on which it shall
have become a law.

2013-S5672 (ACTIVE) - Bill Text download pdf

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

                                  5672

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 3, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 enacting the New  York
  emergency responder act

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

  Section 1. This act shall be known and may be cited as the  "New  York
emergency responder act".
  S 2. The executive law is amended by adding a new section 29-f to read
as follows:
  S  29-F.  THE  NEW  YORK  EMERGENCY  RESPONDER ACT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PUBLIC OFFICIAL" SHALL MEAN ANY  APPOINTED  OR  ELECTED  FEDERAL,
STATE  OR  LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDIC-
TION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED.
  (B) "PUBLIC SAFETY OFFICIAL"  SHALL  MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
HAS OCCURRED.
  (C) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE LAW ENFORCEMENT IN THE JURISDICTION IN  WHICH  THE  EMERGENCY  OR
EVENT HAS OCCURRED.
  (D)  "CODE  ENFORCEMENT  OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (E)  "DISASTER"  SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT OF WIDE-
SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR  PROPERTY  RESULTING
FROM  ANY  NATURAL  OR  MAN-MADE  CAUSES, INCLUDING, BUT NOT LIMITED TO,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11279-01-3

S. 5672                             2

FIRE, FLOOD, EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH  WATER,  LANDSLIDE,
MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL, OR
BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
COLLAPSE.
  (F)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
DECLARATION, OR LOCAL EMERGENCY ORDER PROCLAMATION, BY  A  PUBLIC  OFFI-
CIAL,  OF  THE  OCCURRENCE  OR IMMINENT THREAT OF A DISASTER OR RIOTING,
CATASTROPHE, OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF  REASONABLE
APPREHENSION  OF  IMMEDIATE  DANGER  THEREOF,  AND UPON A FINDING BY THE
PUBLIC OFFICIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
  (G) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
VILLAGE.
  (H)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE.
  (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION.
  (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
BY,  OR  CREATED  BY  A  COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A
LOCAL INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF OTHER  LOCAL  PUBLIC
BENEFIT  CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A
LAND BANK  CORPORATION  CREATED  PURSUANT  TO  ARTICLE  SIXTEEN  OF  THE
NOT-FOR-PROFIT CORPORATION LAW.
  (K)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
CENTRAL HIGH SCHOOL DISTRICT.
  (L)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
WHICH SUCH DISTRICT WAS ESTABLISHED.
  (M) "EMERGENCY  ASSISTANCE"  SHALL  MEAN  ANY  ASSISTANCE  OR  ADVICE,
FURNISHING  OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR, OR
PROVISION OF STRUCTURAL, ELECTRICAL, MECHANICAL, OR  OTHER  ENGINEERING,
ARCHITECTURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES, ARIS-
ING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING NATIONAL, STATE OR
LOCAL DISASTER OR DECLARED EMERGENCY.
  2.  ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE EMPLOYEES
AND AGENTS OF SUCH PERSON, CORPORATION OR  OTHER  ENTITY,  WHO  PROVIDES
EMERGENCY  ASSISTANCE  AT THE REQUEST OR WITH THE CONSENT OR APPROVAL OF
OR PURSUANT TO A CONTRACT WITH A NATIONAL, STATE OR LOCAL  PUBLIC  OFFI-

S. 5672                             3

CIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY OFFICIAL, CODE ENFORCEMENT
OFFICIAL  ACTING  IN  AN OFFICIAL CAPACITY, MUNICIPAL CORPORATION, STATE
DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL
DISTRICT,  SHALL  NOT  BE  SUBJECT  TO  SUIT OR CLAIM NOR LIABLE FOR ANY
PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, ECONOMIC LOSS  OR  ANY
OTHER DAMAGE, LOSS OR CLAIM CAUSED BY OR ARISING FROM, DIRECTLY OR INDI-
RECTLY, THE PERSON, CORPORATION OR ENTITY, OR THE EMPLOYEES OR AGENTS OF
SUCH  PERSON,  CORPORATION  OR  ENTITY,  RELATING  TO  THE  RENDERING OR
FURNISHING OF THE EMERGENCY ASSISTANCE IN CONNECTION WITH  THE  DISASTER
OR EMERGENCY, EXCEPT AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
TO  ALL  EMERGENCY  ASSISTANCE FURNISHED WITHIN THE PERIOD ENDING ON THE
LATER OF (1) SIXTY DAYS AFTER THE EMERGENCY IS  DECLARED  TERMINATED  BY
THE  AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE COMPLETION
OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
OR DISTRICT.
  (B) THE IMMUNITY PROVIDED IN THIS SECTION SHALL  APPLY  IN  ALL  CASES
EXCEPT  UPON  A  SHOWING THAT ASSISTANCE OR ADVICE RENDERED OR A SERVICE
FURNISHED FOR OR IN CONNECTION WITH  AN  IMPENDING  OR  ACTUAL  DECLARED
NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
THAT  CONSTITUTES  WANTON,  WILLFUL  OR INTENTIONAL MISCONDUCT, OR GROSS
NEGLIGENCE.
  (C) WHERE A PERSON, CORPORATION OR OTHER ENTITY OR  THE  EMPLOYEES  OR
AGENTS  OF  ANY  PERSON,  CORPORATION  OR OTHER ENTITY RENDERS ADVICE OR
SERVICES AT THE REQUEST OF A STATE OR LOCAL  EMPLOYEE  OR  OFFICIAL  AND
WHERE  SUCH  ADVICE  OR  SERVICES  FALL WITHIN THE AMBIT OF THE IMMUNITY
PROVIDED IN THIS SECTION, THE LIABILITY OF THE  STATE  OR  LOCALITY,  IF
ANY,  WHICH  REQUESTED  THE  SERVICES  SHALL  NOT  BE  AFFECTED  BY  THE
PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.

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Senate Bill S5672

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

co-Sponsors

2013-S5672 (ACTIVE) - Details

2013-S5672 (ACTIVE) - Summary

2013-S5672 (ACTIVE) - Sponsor Memo

2013-S5672 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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co-Sponsors

Martin J. Golden

Jose Peralta

David J. Valesky

2013-S5672 (ACTIVE) - Details

2013-S5672 (ACTIVE) - Summary

2013-S5672 (ACTIVE) - Sponsor Memo

2013-S5672 (ACTIVE) - Bill Text download pdf

Comments