S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8066
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Governmental Operations
 
 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. Short title. This act shall be known and may  be  cited  as
 the "New York emergency responder act".
   § 2. The executive law is amended by adding a new section 29-f to read
 as follows:
   §  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, AND ACTING IN HIS  OR
 HER OFFICIAL CAPACITY.
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
   (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, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
   (E) "DECLARED EMERGENCY"  SHALL  MEAN  ANY  STATE  DISASTER  EMERGENCY
 DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
 OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07484-01-3
              

 A. 8066                             2
 
 PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
 SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
 CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
   (F)  "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY OR
 VILLAGE.
   (G) "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.
   (H)  "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.
   (I)  "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 ANOTHER LOCAL PUBLIC BENE-
 FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
 BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
 FIT CORPORATION LAW.
   (J) "SCHOOL DISTRICT" SHALL MEAN ANY  COMMON  SCHOOL  DISTRICT,  UNION
 FREE  SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT, OR
 CENTRAL HIGH SCHOOL DISTRICT.
   (K) "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.
   (L)  "EMERGENCY  ASSISTANCE"  SHALL MEAN (1) ANY ASSISTANCE OR ADVICE,
 FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
 PROVISION OF STRUCTURAL, ELECTRICAL,  MECHANICAL  OR  OTHER  ENGINEERING
 SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE
 EDUCATION LAW; (3) ARCHITECTURAL SERVICES RENDERED PURSUANT  TO  ARTICLE
 ONE  HUNDRED  FORTY-SEVEN  OF THE EDUCATION LAW; (4) LANDSCAPE ARCHITEC-
 TURAL SERVICES RENDERED PURSUANT TO ARTICLE ONE HUNDRED  FORTY-EIGHT  OF
 THE  EDUCATION  LAW;  (5)  LAND  SURVEYING SERVICES RENDERED PURSUANT TO
 ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR  (6)  GEOLOGICAL
 SERVICES  RENDERED  PURSUANT  TO  ARTICLE  ONE HUNDRED FORTY-FIVE OF THE
 EDUCATION LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR  IMPENDING
 DECLARED  EMERGENCY, OR NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED IN
 PARAGRAPH A OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE.
   2. SUBJECT TO PARAGRAPHS (A) THROUGH  (G)  OF  THIS  SUBDIVISION,  ANY
 PERSON,  CORPORATION  OR  OTHER  ENTITY, AND THE EMPLOYEES AND AGENTS OF
 SUCH PERSON, CORPORATION  OR  OTHER  ENTITY,  WHICH  PROVIDES  EMERGENCY
 ASSISTANCE  EITHER ON A VOLUNTARY BASIS AT THE REQUEST OF A PUBLIC OFFI-
 CIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY OFFICIAL OR CODE  ENFORCE-
 MENT OFFICIAL, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
 A. 8066                             3
 
 LOCAL  AUTHORITY,  SCHOOL DISTRICT OR SPECIAL DISTRICT; OR PURSUANT TO A
 CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
 OFFICIAL OR CODE  ENFORCEMENT  OFFICIAL,  MUNICIPAL  CORPORATION,  STATE
 DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL
 DISTRICT; SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES FOR INJURIES RESULT-
 ING  FROM  ANY  ACT  OF COMMISSION OR OMISSION ON HIS OR HER PART IN THE
 COURSE OF HIS OR HER RENDERING SUCH ASSISTANCE UNLESS IT IS  ESTABLISHED
 THAT  SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE, OR RECKLESS, WANTON
 OR INTENTIONAL MISCONDUCT, ON THE PART  OF  SUCH  PERSON  ARISING  FROM,
 DIRECTLY  OR  INDIRECTLY,  THE  PERSON,  CORPORATION  OR  ENTITY, OR THE
 EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY,  RELATING  TO
 THE  RENDERING  OR  FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMERGENCY
 ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY,  PROVIDED  THAT
 THE EMERGENCY ASSISTANCE CONSISTS OF ACTS, ADVICE, SERVICE, WORK, LABOR,
 MATERIALS,  SUPPLIES,  EQUIPMENT OR OTHER ACTIVITIES THAT ARE CONSISTENT
 WITH THE NATURE OF AND RENDERED PURSUANT TO THE REQUEST FOR, CONSENT TO,
 APPROVAL OF, OR CONTRACT FOR SUCH EMERGENCY ASSISTANCE.
   (A) THE RIGHTS AND BENEFITS 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 APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT OR  AUTHORITY
 ADVISES  THE PRIVATE PERSON, CORPORATION OR OTHER ENTITY THAT IS PROVID-
 ING THE EMERGENCY ASSISTANCE IN WRITING THAT THE EMERGENCY ASSISTANCE IS
 COMPLETED.
   (B) THE RIGHTS AND BENEFITS 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
 PURSUANT  TO  A  SEPARATE  WRITTEN AGREEMENT FOR WORK TO BE PERFORMED OR
 SERVICES TO BE RENDERED AFTER THE CONCLUSION OF THE EMERGENCY ASSISTANCE
 WHERE  THE  PRIMARY  PURPOSE  OF  SUCH  AGREEMENT  IS  THE   DESIGN   OR
 CONSTRUCTION  OF  A  PERMANENT  REPAIR, RESTORATION, CORRECTION OR OTHER
 REMEDY OF THE CONDITIONS THAT CAUSED OR WERE  DAMAGED  BY  THE  DECLARED
 EMERGENCY, OR NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED IN PARAGRAPH
 A OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE.
   (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  RIGHTS  AND
 BENEFITS PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE OR LOCALI-
 TY,  IF  ANY,  WHICH REQUESTED THE SERVICES SHALL NOT BE AFFECTED BY THE
 PROVISIONS OF THIS SECTION.
   (D) THE RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL  NOT  APPLY
 TO PERSONS, CORPORATIONS OR OTHER ENTITIES (1) WHOSE PRIMARY BUSINESS OR
 OCCUPATION,  AT  THE  TIME  OF THE OCCURRENCE OF THE DISASTER OR CIRCUM-
 STANCES THAT GAVE RISE TO THE DECLARED  EMERGENCY  FOR  WHICH  EMERGENCY
 ASSISTANCE  WAS  PROVIDED, IS ONE OF PROVIDING EMERGENCY FIRST RESPONDER
 SERVICES IN RESPONSE TO DECLARED EMERGENCIES,  AND  NATIONAL,  STATE  OR
 LOCAL DISASTERS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF SECTION
 TWENTY  OF  THIS ARTICLE; OR (2) IS REGULARLY ENGAGED IN THE BUSINESS OF
 MANUFACTURING EQUIPMENT THAT IS INTENDED FOR GENERAL  USE  IN  EMERGENCY
 RESPONSE OPERATIONS.
   (E)  THE  RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT APPLY
 TO PERSONS, CORPORATIONS OR OTHER ENTITIES WHOSE NEGLIGENCE  OR  WILLFUL
 A. 8066                             4
 
 MISCONDUCT  CAUSED,  IN  WHOLE  OR  IN  MATERIAL  PART,  THE DISASTER OR
 DECLARED EMERGENCY.
   (F)  NOTHING  IN  THIS SECTION SHALL AFFECT THE RIGHTS AND BENEFITS OF
 INDIVIDUALS EXPRESSLY AUTHORIZED TO PARTICIPATE IN  VOLUNTEER  EMERGENCY
 RESPONSE  ACTIVITIES  UNDER  THE  DIRECTION  OF  OR IN CONNECTION WITH A
 COMMUNITY EMERGENCY RESPONSE TEAM, COUNTY EMERGENCY  MANAGEMENT  AGENCY,
 STATE  EMERGENCY MANAGEMENT AGENCY, STATE-SPONSORED VOLUNTEER PROGRAM OR
 FEDERAL EMERGENCY MANAGEMENT AGENCY.
   (G) THE RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT  AFFECT
 THE  RIGHTS  OF  INDIVIDUALS  TO  SEEK  WORKERS'  COMPENSATION INSURANCE
 COMPENSATION AND OTHER BENEFITS THEREUNDER.
   § 3. This act shall take effect immediately.