Assembly Bill A4192A

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

                                  4192

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Local Governments

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02092-01-3
              

A. 4192                             2

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.