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A08066 Summary:

BILL NOA08066
 
SAME ASSAME AS S03312
 
SPONSORJean-Pierre
 
COSPNSR
 
MLTSPNSR
 
Add §29-f, Exec L
 
Enacts the New York emergency responder act limiting the liability of certain emergency responders.
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A08066 Actions:

BILL NOA08066
 
09/27/2023referred to governmental operations
01/03/2024referred to governmental operations
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A08066 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8066
 
SPONSOR: Jean-Pierre
  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 rights and benefits pertaining to liability for providing advice, services, labor, and materials during times of emer- gency, crisis, or catastrophe, including weather-related events. Such rights and benefits 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 that 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 archi- tect, land surveyor, contractor, subcontractor, laborer, and/or suppli- er, who is acting in official capacity 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, subcon- tractors, laborers and suppliers are willing to assist their communi- ties, 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 that 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 avail- able 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 infras- tructural and humanitarian disasters, it is time that New York State joined in the national efforts to enact "Emergency Responder" protection laws.   PRIOR LEGISLATIVE HISTORY: Senate 2013-14- 55673, Referred to Veterans, Homeland Security. and Military Affairs - no significant action 2015-16:- S4238, Passed Senate both years 2017 -18: S4135, Passed Senate 2020: S8159, Referred To Veterans, Home- land Security, and Military Affairs 2021-22: S06377, Referred To Veterans, Homeland Security, and Military Affairs Assembly 2015-16: A06214B, Reported referred to Codes 2017: A04241, Reported referred to Codes 2019-2020: A04142, Referred to Government Operations both years 2021-2022: A05769, Referred to Government Operations both years   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately upon the date on which it shall have become law.
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A08066 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8066
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                   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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York emergency responder act".
     3    § 2. The executive law is amended by adding a new section 29-f to read
     4  as follows:
     5    §  29-f.  The  New  York  emergency  responder act. 1. As used in this
     6  section, the following terms shall have the following meanings:
     7    (a) "Public official" shall mean any  appointed  or  elected  federal,
     8  state  or  local official with executive responsibility in the jurisdic-
     9  tion in which the emergency or event has occurred, and acting in his  or
    10  her official capacity.
    11    (b)  "Public  safety  official"  shall  mean  any appointed or elected
    12  federal, state or local official with executive responsibility to  coor-
    13  dinate public safety in the jurisdiction in which the emergency or event
    14  has occurred, and acting in his or her official capacity.
    15    (c)  "Law  enforcement  official"  shall mean any appointed or elected
    16  federal, state or local official with executive responsibility to  coor-
    17  dinate  law  enforcement  in  the jurisdiction in which the emergency or
    18  event has occurred, and acting in his or her official capacity.
    19    (d) "Code enforcement official" shall mean any  appointed  or  elected
    20  federal,  state or local official with executive responsibility to coor-
    21  dinate building inspection in the jurisdiction in which the emergency or
    22  event has occurred, and acting in his or her official capacity.
    23    (e) "Declared emergency"  shall  mean  any  state  disaster  emergency
    24  declaration or local emergency order proclamation, by a public official,
    25  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
 
     1  phe or similar public emergency, or in the event of reasonable apprehen-
     2  sion of immediate danger thereof, and upon a finding by the public offi-
     3  cial that the public safety is imperiled thereby.
     4    (f)  "Municipal  corporation"  shall  mean  a  county,  town,  city or
     5  village.
     6    (g) "State department" shall mean those state government  departments,
     7  divisions or commissions empowered by the state to enter into contractu-
     8  al agreements on behalf of the state.
     9    (h)  "State authority" shall mean a public authority or public benefit
    10  corporation created by or existing under this chapter or any  other  law
    11  of  the state, with one or more of its members appointed by the governor
    12  or who serve as members by virtue of  holding  a  civil  office  of  the
    13  state,  other  than  an  interstate or international authority or public
    14  benefit corporation, including subsidiaries of such public authority  or
    15  public benefit corporation.
    16    (i)  "Local  authority"  shall  mean: (1) a public authority or public
    17  benefit corporation created by or existing under  this  chapter  or  any
    18  other  law  of the state whose members do not hold a civil office of the
    19  state, are not appointed by the governor or are appointed by the  gover-
    20  nor  specifically  upon  the  recommendation  of the local government or
    21  governments; (2) a not-for-profit corporation affiliated with, sponsored
    22  by or created by a county, city, town or village government; (3) a local
    23  industrial development agency or authority of another local public bene-
    24  fit corporation; (4) an affiliate of such local authority; or (5) a land
    25  bank corporation created pursuant to article sixteen of the not-for-pro-
    26  fit corporation law.
    27    (j) "School district" shall mean any  common  school  district,  union
    28  free  school district, central school district, city school district, or
    29  central high school district.
    30    (k) "Special  district"  shall  mean  a  town  or  county  improvement
    31  district,  district  corporation  or  other district established for the
    32  purpose of carrying on, performing or financing one or more improvements
    33  or services intended to benefit the health, welfare, safety  or  conven-
    34  ience of the inhabitants of such district or to benefit the real proper-
    35  ty  within  such  district,  and  in  which  real property is subject to
    36  special ad valorem levies or special assessments for  the  purposes  for
    37  which such district was established.
    38    (l)  "Emergency  assistance"  shall mean (1) any assistance or advice,
    39  furnishing of construction, supplies, materials, equipment or labor; (2)
    40  provision of structural, electrical,  mechanical  or  other  engineering
    41  services  rendered  pursuant  to  article  one hundred forty-five of the
    42  education law; (3) architectural services rendered pursuant  to  article
    43  one  hundred  forty-seven  of the education law; (4) landscape architec-
    44  tural services rendered pursuant to article one hundred  forty-eight  of
    45  the  education  law;  (5)  land  surveying services rendered pursuant to
    46  article one hundred forty-five of the education law; or  (6)  geological
    47  services  rendered  pursuant  to  article  one hundred forty-five of the
    48  education law arising from or in connection with an actual or  impending
    49  declared  emergency, or national, state or local disaster, as defined in
    50  paragraph a of subdivision two of section twenty of this article.
    51    2. Subject to paragraphs (a) through  (g)  of  this  subdivision,  any
    52  person,  corporation  or  other  entity, and the employees and agents of
    53  such person, corporation  or  other  entity,  which  provides  emergency
    54  assistance  either on a voluntary basis at the request of a public offi-
    55  cial, law enforcement official, public safety official or code  enforce-
    56  ment official, municipal corporation, state department, state authority,

        A. 8066                             3
 
     1  local  authority,  school district or special district; or pursuant to a
     2  contract with a public official, law enforcement official, public safety
     3  official or code  enforcement  official,  municipal  corporation,  state
     4  department, state authority, local authority, school district or special
     5  district; shall not be liable for any civil damages for injuries result-
     6  ing  from  any  act  of commission or omission on his or her part in the
     7  course of his or her rendering such assistance unless it is  established
     8  that  such injuries were caused by gross negligence, or reckless, wanton
     9  or intentional misconduct, on the part  of  such  person  arising  from,
    10  directly  or  indirectly,  the  person,  corporation  or  entity, or the
    11  employees or agents of such person, corporation or entity,  relating  to
    12  the  rendering  or  furnishing of the voluntary or contractual emergency
    13  assistance in connection with the disaster or emergency,  provided  that
    14  the emergency assistance consists of acts, advice, service, work, labor,
    15  materials,  supplies,  equipment or other activities that are consistent
    16  with the nature of and rendered pursuant to the request for, consent to,
    17  approval of, or contract for such emergency assistance.
    18    (a) The rights and benefits provided in this subdivision  shall  apply
    19  with  respect  to  all  emergency assistance furnished within the period
    20  ending on the later of (1) sixty days after the  emergency  is  declared
    21  terminated  by  the authorized public official, or (2) thirty days after
    22  the applicable official, municipal corporation, department or  authority
    23  advises  the private person, corporation or other entity that is provid-
    24  ing the emergency assistance in writing that the emergency assistance is
    25  completed.
    26    (b) The rights and benefits provided in this section  shall  apply  in
    27  all cases except upon a showing that assistance or advice rendered, or a
    28  service  furnished  for  or  in  connection  with an impending or actual
    29  declared national, state or local disaster or  emergency  was  performed
    30  pursuant  to  a  separate  written agreement for work to be performed or
    31  services to be rendered after the conclusion of the emergency assistance
    32  where  the  primary  purpose  of  such  agreement  is  the   design   or
    33  construction  of  a  permanent  repair, restoration, correction or other
    34  remedy of the conditions that caused or were  damaged  by  the  declared
    35  emergency, or national, state or local disaster, as defined in paragraph
    36  a of subdivision two of section twenty of this article.
    37    (c)  Where  a person, corporation or other entity, or the employees or
    38  agents of any person, corporation or  other  entity  renders  advice  or
    39  services  at  the  request  of a state or local employee or official and
    40  where such advice or services fall within the ambit of  the  rights  and
    41  benefits provided in this section, the liability of the state or locali-
    42  ty,  if  any,  which requested the services shall not be affected by the
    43  provisions of this section.
    44    (d) The rights and benefits provided in this section shall  not  apply
    45  to persons, corporations or other entities (1) whose primary business or
    46  occupation,  at  the  time  of the occurrence of the disaster or circum-
    47  stances that gave rise to the declared  emergency  for  which  emergency
    48  assistance  was  provided, is one of providing emergency first responder
    49  services in response to declared emergencies,  and  national,  state  or
    50  local disasters, as defined in paragraph a of subdivision two of section
    51  twenty  of  this article; or (2) is regularly engaged in the business of
    52  manufacturing equipment that is intended for general  use  in  emergency
    53  response operations.
    54    (e)  The  rights and benefits provided in this section shall not apply
    55  to persons, corporations or other entities whose negligence  or  willful

        A. 8066                             4
 
     1  misconduct  caused,  in  whole  or  in  material  part,  the disaster or
     2  declared emergency.
     3    (f)  Nothing  in  this section shall affect the rights and benefits of
     4  individuals expressly authorized to participate in  volunteer  emergency
     5  response  activities  under  the  direction  of  or in connection with a
     6  community emergency response team, county emergency  management  agency,
     7  state  emergency management agency, state-sponsored volunteer program or
     8  federal emergency management agency.
     9    (g) The rights and benefits provided in this section shall not  affect
    10  the  rights  of  individuals  to  seek  workers'  compensation insurance
    11  compensation and other benefits thereunder.
    12    § 3. This act shall take effect immediately.
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