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S05787 Summary:

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S05787 Floor Votes:

S05787 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5787
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2013
                                       ___________
 
        Introduced  by  Sens.  BALL,  MARCELLINO, CARLUCCI -- (at request of the
          Governor) -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Rules
 
        AN ACT to amend the civil service law, the county law, the executive law
          and  the  general  municipal  law,  in  relation  to  making technical

          corrections thereto and the state fire  mobilization  and  mutual  aid
          plan  (Part A); to amend the executive law, in relation to the accept-
          ance of gifts by the state (Part B); and to amend the  executive  law,
          in relation to immunity from liability for emergency alerts (Part C)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law components of legislation relating
     2  to the preparation for and response to  disasters and other emergencies.
     3  Each component is wholly contained within a Part identified as  Parts  A
     4  through  C.  The  effective date for each particular provision contained
     5  within such Part is set forth in the last  section  of  such  Part.  Any
     6  provision  in  any section contained within a Part, including the effec-

     7  tive date of the Part, which makes reference to a section "of this act",
     8  when used in connection with that particular component, shall be  deemed
     9  to  mean  and refer to the corresponding section of the Part in which it
    10  is found. Section three of this act sets  forth  the  general  effective
    11  date of this act.
 
    12                                   PART A
 
    13    Section  1. Section 58-a of the civil service law, as added by chapter
    14  369 of the laws of 1976, subdivisions 1 and  5 as amended by chapter 225
    15  of the laws of 1979, is amended to read as follows:
    16    § 58-a. Requirements  for  provisional  or  permanent  appointment  of
    17  certain  fire fighters.   1. Notwithstanding any other provision of this
    18  law or any general, special or local law  to  the  contrary,  no  person
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD12030-02-3
        S. 5787                             2
 
     1  shall  be  eligible  for  provisional  or  permanent  appointment in the
     2  competitive class of the civil service as a fire fighter  unless  he  or
     3  she shall satisfy the basic requirements for education, health and phys-
     4  ical  fitness  established  by  the  [governor  pursuant  to section one
     5  hundred fifty-nine-d] state fire administrator pursuant to  section  one
     6  hundred fifty-eight of the executive law.
     7    2.  Notwithstanding the provisions of subdivision one of this section,
     8  upon the request of a municipal commission having  jurisdiction  over  a

     9  fire  department  and  upon a showing by such municipal commission and a
    10  determination by the state commission that aggravated recruitment diffi-
    11  culties are causing a serious shortage of fire  fighters  in  such  fire
    12  department  and  that  such  municipal  commission  and  all appropriate
    13  authorities are making diligent efforts, including payment  of  adequate
    14  compensation,  to  overcome  such  recruitment  difficulties,  the state
    15  commission, with the approval of the [fire fighting personnel  standards
    16  and  education  commission]  state  fire  administrator,  may change the
    17  educational, health and physical fitness  requirements  for  provisional
    18  and  permanent appointment as a fire fighter in such fire department for
    19  a period not exceeding two years from the date  of  such  determination.

    20  Such  changes  may  be authorized for an additional period not exceeding
    21  two years, upon a showing and a determination similar to  that  required
    22  hereunder for the original authorization.
    23    3.  The provisions of this section shall not prevent the establishment
    24  of more restrictive local requirements for eligibility for  fire  fight-
    25  ers.
    26    4.  For  the purposes of this section fire fighter means a member of a
    27  fire department whose duties include fire service  as  the  phrase  fire
    28  service is defined in paragraph d of subdivision eleven of section three
    29  hundred two of the retirement and social security law.
    30    5.  Any  person  whose name was on an eligible list for appointment in
    31  the competitive class of the civil service as a fire fighter on the date
    32  educational, health and physical fitness requirements for fire  fighters

    33  are  promulgated by the [governor pursuant to section one hundred fifty-
    34  nine-d] state fire administrator pursuant to section one hundred  fifty-
    35  eight  of  the  executive  law,  shall  continue  to remain eligible for
    36  appointment from such list during the life of such list without satisfy-
    37  ing such requirements provided he or she would otherwise  have  remained
    38  eligible  for  appointment  from  such list if this section had not been
    39  enacted.
    40    6. The provisions of this section shall not apply to appointments made
    41  by any county, city, town, village or fire district which  employs  five
    42  or fewer fire fighters.
    43    §  2.  Section 236-b of the county law, as added by chapter 339 of the
    44  laws of 2009, subdivision 4 as amended by section 12 of part O of  chap-

    45  ter 55 of the laws of 2012, is amended to read as follows:
    46    § 236-b. County electrical inspector licensing. 1. Notwithstanding any
    47  inconsistent  general, special, or local law to the contrary, the county
    48  of Westchester is hereby authorized to establish  a  Westchester  county
    49  board  of  examiners for electrical inspectors and to empower such board
    50  to assume all licensing duties within the  county  of  Westchester  with
    51  respect  to  the licensure of electrical inspectors. The county of West-
    52  chester shall provide for electrical inspectors' duties and responsibil-
    53  ities with respect to applications for a license or renewal  in  accord-
    54  ance  with the local law of such county. A local law enacted pursuant to
    55  this section establishing  county  licensure  of  electrical  inspectors
    56  shall provide standards for licensure which shall include, at a minimum,

        S. 5787                             3
 
     1  a  provision  that  no  person shall obtain a license unless such person
     2  shall have received training in the inspection of electrical components,
     3  equipment and systems used in buildings and structures which is at least
     4  equivalent  to  the training in the inspection of electrical components,
     5  equipment and systems used in buildings and structures required for code
     6  enforcement personnel under the rules and regulations promulgated by the
     7  [governor pursuant to article six-C]  secretary  of  state  pursuant  to
     8  section three hundred seventy-six-a of the executive law.
     9    2.  A  local  law enacted pursuant to this section establishing county
    10  licensure of electrical inspectors shall supersede any provision requir-

    11  ing electrical inspectors to also obtain a local license promulgated  by
    12  a  city,  town or village in the county pursuant to any general, special
    13  or local law. Nothing in this section shall be deemed to  supersede  any
    14  of  the  powers,  functions  and  duties  of the [fire fighting and code
    15  enforcement personnel standards and education commission, as  set  forth
    16  in  article  six-C] secretary of state pursuant to section three hundred
    17  seventy-six-a of the executive law.
    18    3. In this section, the term "electrical  inspector"  shall  mean  any
    19  person  who  now  or hereafter inspects electrical components, equipment
    20  and systems used in buildings and structures to determine the compliance
    21  of such electrical components, equipment and systems and  the  installa-

    22  tion  of  such  electrical  components,  equipment  and systems with the
    23  applicable provisions of the state uniform fire prevention and  building
    24  code  promulgated  pursuant  to  article  eighteen of the executive law;
    25  provided, however, that the term electrical inspector shall not  include
    26  any  person who performs such inspections as an employee of the state of
    27  New York, any agency of the state of New York, or any county, city, town
    28  or village. In no event shall any person who now or  hereafter  performs
    29  such  inspections as an employee of the state of New York, any agency of
    30  the state of New York, or any county, city, town or village be  required
    31  to  obtain  a license issued pursuant to this section or pursuant to any
    32  local law enacted pursuant to this section.
    33    4. In this section, the term "agency of the state of New  York"  shall

    34  include  any  department, bureau, commission, board, public authority or
    35  other agency of the state of New York; any  public  benefit  corporation
    36  whose  board of directors includes any member appointed by the governor;
    37  any subdivision of any department,  bureau,  commission,  board,  public
    38  authority  or other agency of the state which is easily identifiable and
    39  which for most other purposes is treated as an independent state agency;
    40  and the office of information technology services.
    41    § 3.  Section 156-a of the executive law, as amended by section  1  of
    42  part  D  of  chapter  1 of the laws of 2004, subdivision 1 as amended by
    43  section 23 of part G of chapter 58 of the laws of 2012,  is  amended  to
    44  read as follows:
    45    § 156-a. Establishment  of a specialized hazardous materials emergency
    46  response training program. 1. The state fire administrator shall  estab-

    47  lish  a  specialized  hazardous  materials  emergency  response training
    48  program for individuals responsible  for  providing  emergency  response
    49  recovery  following incidents involving hazardous materials as such term
    50  is defined in regulations promulgated by the commissioner of transporta-
    51  tion pursuant to section fourteen-f of  the  transportation  law.    The
    52  state  fire  administrator  shall  inform  all fire companies, municipal
    53  corporations and districts, including agencies and  departments  thereof
    54  and  all firefighters, both paid and volunteer, and related officers and
    55  employees and police officers of the implementation and availability  of
    56  the  hazardous  materials emergency response training program and shall,
        S. 5787                             4
 
     1  subject to the availability of an appropriation, conduct  such  training

     2  with  sufficient  frequency  to  assure  adequate  response to incidents
     3  involving hazardous  materials  and  protection  of  responders  in  all
     4  geographic areas of the state.
     5    2.  The  state fire administrator[, in consultation with the aforemen-
     6  tioned commission] shall prescribe the curriculum of the hazardous mate-
     7  rials emergency response training  program,  which  shall  include,  but
     8  shall not be limited to:
     9    (a)  hands-on  training,  including  information in regard to leak and
    10  spill  control,  product  neutralization,  pickup  and  disposal,   fire
    11  control,  decontamination  procedures  and  use  and application of foam
    12  agents;
    13    (b) hazard assessment with emphasis on incident scene decision-making,
    14  including: potential threat to public safety and  need  for  evacuation,

    15  calculation of the effect of weather on certain chemicals and evaluation
    16  of  the  result  of  chemical exposures to air, water, soil, vegetation,
    17  lives and property and impact on the personal safety of those working in
    18  the accident area;
    19    (c) calibration and use of emergency equipment;
    20    (d) chemical and biological properties of various  classes  of  chemi-
    21  cals, for example, flammables, oxidizers, corrosives, poisons; and
    22    (e) weapons of mass destruction and response to terrorism.
    23    3.  The  state fire administrator is hereby directed to issue a report
    24  to the governor, speaker of the assembly,  temporary  president  of  the
    25  senate, chairman of the assembly transportation committee and the chair-
    26  man  of  the  senate  transportation committee by [April first] February
    27  fifteenth of each year on the operations of the  program  set  forth  in

    28  this section.
    29    4.  The state fire administrator shall promulgate such rules and regu-
    30  lations as are necessary to carry out the provisions of this section.
    31    § 4. Subdivision 8 of section 156-c of the executive law,  as  amended
    32  by chapter 583 of the laws of 2006, is amended to read as follows:
    33    8.  a.  To enforce the provisions of this section, the commissioner of
    34  taxation and finance and the [secretary of state] state fire administra-
    35  tor may take administrative action  imposing  the  civil  penalties  and
    36  suspensions authorized by subdivision five of this section. In addition,
    37  the  attorney general may bring an action on behalf of the people of the
    38  state of New York to enjoin acts in violation of  this  section  and  to
    39  recover  any civil penalties unless civil penalties have been previously

    40  recovered in such administrative proceedings.
    41    b. Any enforcement officer as  defined  in  section  thirteen  hundred
    42  ninety-nine-t  of  the  public health law shall have the power to impose
    43  upon any retail dealer the civil  penalties  authorized  by  subdivision
    44  five  of  this section, following a hearing conducted in the same manner
    45  as hearings conducted under article thirteen-E of the public health law.
    46    c. To enforce the provisions of  this  section,  the  commissioner  of
    47  taxation and finance and the [secretary of state] state fire administra-
    48  tor,  or their duly authorized representatives, are hereby authorized to
    49  examine the books, papers, invoices and other records of any  person  in
    50  possession,  control  or  occupancy of any premises where cigarettes are
    51  placed, stored, sold or offered for sale, as well as the stock of  ciga-

    52  rettes  in any such premises. Every person in the possession, control or
    53  occupancy of any premises where cigarettes are placed, sold  or  offered
    54  for  sale,  is  hereby directed and required to give the commissioner of
    55  taxation and finance and the [secretary of state] state fire administra-
    56  tor, and their duly authorized representatives,  the  means,  facilities
        S. 5787                             5
 
     1  and  opportunity  for  such  examinations as are herein provided for and
     2  required.
     3    d. Whenever any police officer designated in section 1.20 of the crim-
     4  inal procedure law or a peace officer designated in subdivision four and
     5  subdivision  seventy-nine  pertaining  to  the  [Department  of State's]
     6  Office of Fire Prevention and Control, of  section  2.10  of  such  law,

     7  acting  pursuant  to his or her special duties, shall discover any ciga-
     8  rettes which have not been marked in the manner required by  subdivision
     9  six  of this section, such officer is hereby authorized and empowered to
    10  seize and take possession of such  cigarettes.  Such  seized  cigarettes
    11  shall  be  turned  over to the commissioner of taxation and finance, and
    12  shall be forfeited to the state.  Cigarettes  seized  pursuant  to  this
    13  section shall be destroyed.
    14    e.  The  [secretary of state] commissioner of the division of homeland
    15  security and emergency services, in consultation  with  the  state  fire
    16  administrator,  and  the commissioner of taxation and finance are hereby
    17  authorized to promulgate such regulations as  are  deemed  necessary  to
    18  implement the provisions of this section.

    19    §  5.  Subdivision  2 of section 159 of the executive law, as added by
    20  section 29-b of part B of chapter 56 of the laws of 2010, is amended  to
    21  read as follows:
    22    2.  The  council shall be composed of the state fire administrator, as
    23  chair, or his or her designee, and twelve  other  members  appointed  as
    24  follows: six members appointed by the governor; two members appointed by
    25  the  temporary  president  of  the  senate;  one member appointed by the
    26  minority leader of the senate; two members appointed by the  speaker  of
    27  the  assembly; one member appointed by the minority leader of the assem-
    28  bly. [Members of the fire safety advisory board, the arson board and the
    29  firefighting and  code  enforcement  personnel  standard  and  education
    30  commission may be appointed to this advisory council.]

    31    §  6.  Subdivision  2 of section 711 of the executive law, as added by
    32  section 2 of part B of chapter 1 of the laws of 2004, is amended to read
    33  as follows:
    34    2. The [director] commissioner shall appear and give testimony  before
    35  the  annual legislative hearing on public protection held jointly by the
    36  assembly committee on ways and means and the senate finance committee as
    37  provided for in section three of article  VII  of  the  New  York  state
    38  constitution and section thirty-one of the legislative law.
    39    § 7. Section 209-e of the general municipal law, as amended by chapter
    40  225  of  the laws of 1979, subdivisions 1 and 2 as amended by section 45
    41  of part B of chapter 56 of the laws of 2010 and subdivision 8  as  added
    42  by chapter 827 of the laws of 1987, is amended to read as follows:

    43    §  209-e.  Fire  mobilization  and mutual aid plan. 1. Plan. The state
    44  fire administrator shall prepare a state fire  mobilization  and  mutual
    45  aid  plan  which  may provide for the establishment of fire mobilization
    46  and mutual aid zones of the state. Upon filing of the plan in the office
    47  of fire prevention and control such plan shall  become  the  state  fire
    48  mobilization  and mutual aid plan. Such plan may be amended from time to
    49  time in the same manner as originally adopted.
    50    2. Regional fire administrators.  The  state  fire  administrator  may
    51  appoint and remove a regional fire administrator for each fire mobiliza-
    52  tion  and mutual aid zone established pursuant to the state fire mobili-
    53  zation and mutual aid plan. Before he or she enters on the duties of the
    54  office, each regional fire administrator shall take and subscribe before

    55  an officer authorized by law to administer oaths the constitutional oath
    56  of office, which shall be administered  and  certified  by  the  officer
        S. 5787                             6
 
     1  taking the same without compensation and shall be filed in the office of
     2  [fire prevention and control] the secretary of state.
     3    3.  Regulations. The commissioner of the division of homeland security
     4  and emergency services, in consultation with the state fire  administra-
     5  tor,  may  make  regulations  and  issue orders which he or she may deem
     6  necessary to implement the state fire mobilization and mutual  aid  plan
     7  and carry out the purposes of this section.
     8    4.  Powers.  Whenever  a  county, city, town, village or fire district

     9  shall request, or whenever the governor shall determine that the  public
    10  interest  so  requires,  the  state fire administrator shall possess and
    11  exercise the powers, functions and duties set forth in  the  state  fire
    12  mobilization and mutual aid plan.
    13    5.  Standard  thread.  The state fire mobilization and mutual aid plan
    14  shall prescribe a standard hose thread for the state, and  each  county,
    15  city,  town,  village or fire district not equipped with the same may be
    16  required either to recut its threads to such standard or provide  adapt-
    17  ers whereby the same may be brought to such standards.
    18    6. Records. The state fire administrator shall keep a permanent public
    19  record  of the activations of the state fire mobilization and mutual aid
    20  plan, showing how, when and where it was activated and when  such  acti-
    21  vation was terminated.

    22    7.   Reimbursement   of   assisting  municipal  corporations  or  fire
    23  districts.  Whenever the governor activates the state fire  mobilization
    24  and mutual aid plan pursuant to subdivision four of this section, claims
    25  submitted  by  an  assisting  municipal corporation or fire district for
    26  expenses allowed by subdivision two of section  two  hundred  nine-g  of
    27  this  article made in performance of its duties on behalf of a receiving
    28  municipality or fire district pursuant to such plan may be reimbursed in
    29  the first instance by the state from any local assistance  appropriation
    30  established  for  such  purpose. Reimbursements of such claims from such
    31  appropriation may be made only upon certification of such claim  by  the
    32  state  fire  administrator  to  the  state comptroller and audit of such
    33  claim by the state comptroller prior to payment. Expenditures  for  such

    34  reimbursements  from  such appropriation shall be considered a liability
    35  for outside aid as described in section two hundred nine-g of this arti-
    36  cle and shall be repaid by the municipality or fire  district  receiving
    37  assistance pursuant to the state fire mobilization and mutual aid plan.
    38    8.  Hazardous  materials  incident  plan. The state fire administrator
    39  shall prepare a hazardous materials incident plan which shall complement
    40  and become a part of the  plan  required  by  subdivision  one  of  this
    41  section.    The plan shall provide for the mobilization and coordination
    42  of fire service resources in response to emergencies  which  involve  or
    43  may  involve hazardous materials and shall establish hazardous materials
    44  incidents response zones and criteria for recognized regional  hazardous
    45  materials  incidents  response  teams. The office of fire prevention and

    46  control, by and through the state fire administrator or his or her  duly
    47  authorized  officers  and  employees, is authorized to approve grants of
    48  funds from monies allocated and appropriated therefor  for  expenditures
    49  of municipal corporations for hazardous materials incidents planning and
    50  equipment,  pursuant  to applicable rules and regulations promulgated by
    51  the [secretary of state] commissioner of the division of homeland  secu-
    52  rity  and emergency services, in consultation with the state fire admin-
    53  istrator, and approved by the director of the budget.
    54    § 8. Paragraph a of subdivision 2 of  section  209-f  of  the  general
    55  municipal  law,  as  amended  by  chapter  1003  of the laws of 1965, is
    56  amended to read as follows:
        S. 5787                             7
 

     1    a. Notwithstanding any inconsistent provision of law, general, special
     2  or local, the sheriff of  any  county  may,  when  the  public  interest
     3  requires  it,  declare a state of special emergency in any part or parts
     4  of his county where the public peace is  threatened  or  where  life  or
     5  property  may be endangered, after first advising the governor, by tele-
     6  gram [addressed to the governor at the executive offices in the city  of
     7  Albany, New York,], facsimile or other electronic means that he is about
     8  to do so.
     9    § 9. Section 209-g of the general municipal law, as amended by chapter
    10  699  of the laws of 1956, subdivision 3 as amended by chapter 312 of the
    11  laws of 1963 and subdivision 5 as amended by chapter 1003 of the laws of
    12  1968, is amended to read as follows:

    13    § 209-g. Liability for outside aid. 1. Notwithstanding any  inconsist-
    14  ent provision of law, general, special or local, any county, city, town,
    15  village  or  fire  district  requesting fire aid pursuant to section two
    16  hundred nine-e of this [chapter] article or any county,  city,  town  or
    17  village  requesting police aid pursuant to section two hundred nine-f of
    18  this [chapter] article, shall be liable and responsible to the assisting
    19  municipal corporation or fire district for any  loss  of  or  damage  to
    20  apparatus  or  equipment  or supplies and shall bear and pay the expense
    21  incurred in the operation and maintenance of any apparatus or  equipment
    22  and  the  cost  of  materials and supplies used or consumed in rendering
    23  such aid and assistance, but such liability and responsibility shall not

    24  apply or extend to apparatus, equipment, materials and supplies owned or
    25  supplied by the state.
    26    2. The state or assisting municipal corporation or  fire  district  in
    27  such  case  shall  be  liable  for salaries or other compensation to the
    28  assisting forces furnished during the time they shall not be  performing
    29  their duties for the state or for the assisting municipal corporation or
    30  fire  district  and  shall  defray  the actual traveling and maintenance
    31  expense of such assisting forces while they are rendering such  aid  and
    32  assistance,  but  the  receiving  municipal corporation or fire district
    33  shall reimburse the assisting municipal corporation or fire district for
    34  any moneys paid for such salaries or other  compensation  and  traveling
    35  and  maintenance  expense.  Any  such claim for loss, damage, expense or

    36  cost shall not be allowed unless within sixty days after the same  shall
    37  have  been  sustained  or incurred a written notice of such claim, under
    38  oath, itemizing such loss, damage, expense or cost, is served by mail or
    39  otherwise upon the comptroller or chief fiscal officer of such receiving
    40  municipal corporation or fire district. An  assisting  municipal  corpo-
    41  ration  or  fire  district  may assume any such loss, damage, expense or
    42  cost or loan such equipment and apparatus or donate such services to the
    43  receiving municipal corporation or fire district without charge or cost.
    44    3. A county, city, town, village or fire district shall be liable  for
    45  all  payments  to be made to or on behalf of injured volunteer [firemen]
    46  firefighters or to representatives of deceased volunteer [firemen] fire-

    47  fighters pursuant to and in accordance with the provisions of the volun-
    48  teer [firemen's] firefighters' benefit law.   The amount so  paid  by  a
    49  town shall be assessed in the manner provided in such law.
    50    4.  Neither  the  state  nor the civil or political subdivision of the
    51  state whose police or fire forces or employees are engaged in  rendering
    52  such  outside  aid  and  assistance  pursuant to any request for aid and
    53  assistance or pursuant to direction of the governor or other official or
    54  agency authorized by, or pursuant to law so to direct shall be liable or
    55  accountable in any way or on account of any act or omission on the  part
    56  of any officer or member of such forces or of any such employee while so
        S. 5787                             8
 

     1  engaged or for or on account of the operation, maintenance or use of any
     2  apparatus, equipment, materials or supplies in connection therewith, nor
     3  shall  any  sheriff  be  held liable or accountable in any way for or on
     4  account of any act or omission on the part of any of his or her deputies
     5  within  or  without  the county of their appointment where such deputies
     6  are under the command of an officer other than himself or herself.
     7    5. Notwithstanding any inconsistent provision of law, general, special
     8  or local, (a) any county whose sheriff, or in the county of  Nassau  the
     9  county  executive,  declared  a state of special emergency within his or
    10  her county pursuant to section two  hundred  nine-f  of  this  [chapter]
    11  article, which resulted in men or women and/or equipment being furnished

    12  by  the  sheriff of another county for use in the county of the sheriff,
    13  or in the county of Nassau the county executive, declaring the state  of
    14  emergency,  shall be liable and responsible to the county of the assist-
    15  ing sheriff for salaries or other compensation paid or due  the  persons
    16  comprising  the  assisting  forces  during the time they were engaged in
    17  performing services in the county of the requesting sheriff, or  in  the
    18  county  of  Nassau  the  county executive, and for all loss or damage to
    19  apparatus, equipment and  supplies  used  or  consumed  by  the  persons
    20  comprising  such assisting forces in rendering aid and assistance in the
    21  county of the requesting sheriff, or in the county of Nassau the  county
    22  executive,  provided  an itemized claim therefor is submitted in writing
    23  to the chief fiscal officer of the county of the requesting sheriff,  or

    24  in  the  county  of Nassau the county executive, within sixty days after
    25  the termination of such an emergency. An assisting county may,  however,
    26  assume  any  such  cost,  loss or damage, and all payments made or to be
    27  made to or on behalf of such persons comprising such assisting forces or
    28  to representatives of deceased  persons  who  comprised  such  assisting
    29  forces pursuant to and in accordance with the provisions of any applica-
    30  ble  law,  rule  or  ordinance, including the workmen's compensation law
    31  which shall be deemed to be applicable. Neither the county whose sheriff
    32  responded with men and/or equipment to a request for assistance made  by
    33  another  sheriff  who  declared  a state of special emergency, or in the
    34  county of Nassau the county  executive,  nor  a  responding  sheriff  or
    35  employee of the responding county, shall be liable or accountable in any

    36  way for any act or omission on the part of any person during the contin-
    37  uance  of any such emergency, including but not restricted to the opera-
    38  tion, maintenance or use of any  apparatus,  equipment  or  supplies  in
    39  connection  therewith,  nor shall any sheriff be held liable or account-
    40  able in any way for or on account of any act or omission on the part  of
    41  any  of  his  or  her  deputies  within  or  without the county of their
    42  appointment where such deputies are under  the  command  of  any  person
    43  other than himself or herself, and (b) the city, town or village receiv-
    44  ing  police aid pursuant to section two hundred nine-f of this [chapter]
    45  article shall assume the liability for all damages arising  out  of  any
    46  act  performed  in  rendering such aid and shall reimburse the assisting

    47  city, town, village, parkway  police  force,  state  park  police  force
    48  and/or  county  police department for any moneys paid by it for salaries
    49  or for other expenses incurred by it, including damage  to  or  loss  of
    50  equipment and supplies. An assisting city, town, village, parkway police
    51  force,  state  park  police  force  and/or county police department may,
    52  however, assume in whole or in part any such cost, loss, damage or other
    53  cost or charge sustained or suffered by it which is  applicable  to  its
    54  rendering such aid, by taking appropriate action to accomplish the same,
    55  and  the county of the receiving city, town or village may, by appropri-
    56  ate action, elect to obligate itself to pay all or  part  of  any  money
        S. 5787                             9
 
     1  which  such  receiving municipality is obliged to pay arising out of and

     2  applicable to its having received such aid, and (c) a regular, part time
     3  or special deputy sheriff of a county shall not, for any reason, lose or
     4  forfeit  any  right, benefit or privilege which he or she would have had
     5  in the county of his or her residence by becoming and/or  acting  as  an
     6  emergency special deputy sheriff of another county during an emergency.
     7    6. The commissioner of the division of homeland security and emergency
     8  services, in consultation with the state fire administrator, may promul-
     9  gate  rules  and  regulations  necessary  to  carry  out the purpose and
    10  provisions of this section.
    11    § 10. Section 209-w of the general municipal law, as added by  chapter
    12  369  of the laws of 1976, subdivisions 1 and 5 as amended by chapter 225
    13  of the laws of 1979, is amended to read as follows:

    14    § 209-w. Permanent appointment of fire fighters; completion of  train-
    15  ing program.  1. Notwithstanding the provisions of any general, special,
    16  or  local  law  or  charter  to the contrary, no person shall, after the
    17  effective date of regulations  adopted  by  the  [governor  pursuant  to
    18  section  one  hundred fifty-nine-d] state fire administrator pursuant to
    19  section one  hundred  fifty-eight  of  the  executive  law,  receive  an
    20  original appointment on a permanent basis as a fire fighter of any coun-
    21  ty,  city, town, village, or fire district unless such person has previ-
    22  ously been awarded a certificate by the state fire administrator attest-
    23  ing to his or her satisfactory completion  of  an  approved  fire  basic
    24  training program; and every person who is appointed on a temporary basis

    25  or  for a probationary term or on other than a permanent basis as a fire
    26  fighter of any county,  city,  town,  village  or  fire  district  shall
    27  forfeit  his  or  her  position  as such unless he or she previously has
    28  satisfactorily completed, or within the time prescribed  by  regulations
    29  promulgated   by   the   [governor   pursuant  to  section  one  hundred
    30  fifty-nine-d] state fire administrator pursuant to section  one  hundred
    31  fifty-eight of the executive law, satisfactorily completes, a fire basic
    32  training  program  for  temporary  or  probationary fire fighters and is
    33  awarded a certificate by the state fire administrator attesting thereto.
    34    2. The term fire fighter, as used in this section, shall mean a member
    35  of a fire department whose duties include fire  service  as  the  phrase

    36  fire  service is defined in paragraph d of subdivision eleven of section
    37  three hundred two of the retirement and social security law.
    38    3. Nothing in this section shall  be  construed  to  exempt  any  fire
    39  fighter  or  other  officer or employee from the provisions of the civil
    40  service law.
    41    4. The provisions of this section shall not prevent the  establishment
    42  of more restrictive local requirements for appointment of fire fighters.
    43    5.  Any  person  whose name was on an eligible list for appointment in
    44  the competitive class of the civil service as  a  fire  fighter  on  the
    45  effective date of any rules and regulations promulgated by the [governor
    46  pursuant  to  section one hundred fifty-nine-d] state fire administrator
    47  pursuant to section one hundred fifty-eight of the executive  law  shall

    48  continue  to  remain  eligible  for permanent appointment from such list
    49  during the life of such list without  satisfying  the  requirements  set
    50  forth  in  subdivision  one  of  this  section, provided he or she would
    51  otherwise have remained eligible for  permanent  appointment  from  such
    52  list if this section had not been enacted.
    53    6. The provisions of this section shall not apply to appointments made
    54  by  any  county, city, town, village or fire district which employs five
    55  or fewer fire fighters.
    56    § 11. This act shall take effect immediately.
        S. 5787                            10
 
     1                                   PART B
 
     2    Section  1.  The executive law is amended by adding a new section 29-j
     3  to read as follows:
     4    § 29-j. Acceptance of gifts. 1. The state office of emergency  manage-

     5  ment within the division of homeland security and emergency services may
     6  accept  any  assistance, including but not limited to gifts or grants of
     7  real or personal property, but not including money, from any  public  or
     8  private  source  for  the  purpose  of  preparing for, responding to, or
     9  recovering from a state disaster emergency. Such assistance may be  used
    10  to  support state and local disaster operations or distributed to disas-
    11  ter response organizations  supporting  local  disaster  response  oper-
    12  ations.    To the extent practicable, the office of emergency management
    13  shall distribute such assistance in consultation with local governments,
    14  not-for-profit organizations, and other disaster response  organizations

    15  that have experience responding to state disaster emergencies.
    16    2.  The state office of emergency management shall maintain a database
    17  of all assistance accepted during the state disaster emergency and shall
    18  make such information available to the public on its website. The  data-
    19  base  shall  include, but is not limited to, the name of the donor, type
    20  of assistance provided,  value  of  the  assistance,  recipient  of  the
    21  assistance  (if  available),  date  of the donation and date of distrib-
    22  ution.
    23    3. The director of the office of emergency management, in consultation
    24  with the commissioner of the division of homeland security and emergency
    25  services, may promulgate rules and regulations  necessary  to  implement

    26  this section.
    27    § 2. This act shall take effect immediately.
 
    28                                   PART C
 
    29    Section 1. Section 29-i of the executive law, as added by section 1 of
    30  part V of chapter 55 of the laws of 2013, is amended to read as follows:
    31    §  29-i. Immunity from liability for emergency alerts. Any provider of
    32  mobile services, as defined in 47 U.S.C. 153,  including  its  officers,
    33  directors,  employees,  affiliates, vendors and agents, acting on behalf
    34  of the state, and  any  third-party  intermediary  transmission  service
    35  provider,  including  such third-party intermediary transmission service
    36  provider's  affiliates,  officers,  directors,  employees,  vendors  and
    37  agents,  acting  directly  or  indirectly  on  behalf of the state or on

    38  behalf of any such provider of mobile services, that transmits emergency
    39  alerts similar to those described in 47 CFR 10.10 and  10.400,  or  that
    40  transmits  any other type or form of emergency alert messages, shall not
    41  be liable for any act or omission related to or any harm resulting  from
    42  the  transmission  of,  or  failure  to  transmit,  an  emergency alert,
    43  provided that such provider,  officer,  director,  employee,  affiliate,
    44  vendor or agent acted reasonably and in good faith.
    45    § 2. This act shall take effect immediately.
    46    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    47  sion,  section  or  part  of  this act shall be adjudged by any court of
    48  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    49  impair,  or  invalidate  the remainder thereof, but shall be confined in

    50  its operation to the clause, sentence, paragraph,  subdivision,  section
    51  or part thereof directly involved in the controversy in which such judg-
    52  ment shall have been rendered. It is hereby declared to be the intent of
        S. 5787                            11
 
     1  the  legislature  that  this  act  would  have been enacted even if such
     2  invalid provisions had not been included herein.
     3    §  3.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date of Parts A through C of this act shall  be
     5  as specifically set forth in the last section of such Parts.