senate Bill S2799

2013-2014 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 Committee


  • 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
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jan 23, 2013 referred to veterans, homeland security and military affairs

Votes

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Feb 4, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S2799
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 4, 2014

nay (1)
aye wr (2)

S2799 - Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง28, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5305
2009-2010: S4670

S2799 - 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.

S2799 - Sponsor Memo

S2799 - Bill Text download pdf

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

                                  2799

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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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