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S05957 Summary:

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S05957 Floor Votes:

S05957 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5957
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 13, 2015
                                       ___________
 
        Introduced  by  Sen. CROCI -- (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 executive law, in relation to improving state disas-
          ter preparedness, response, and recovery capabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraphs a and c of subdivision 6 of section 29-h of the
     2  executive law, as amended by section 1 of part Q of chapter  55  of  the
     3  laws of 2013, are amended to read as follows:
     4    a.    Subject  to  the  restrictions on school districts and boards of
     5  cooperative educational services set forth in subdivision  one  of  this
     6  section,  the  state  or  a  participating  local government may request
     7  assistance of other participating local governments in preventing, miti-
     8  gating, responding to and recovering from disasters that result  in  the
     9  declaration  of  a state disaster emergency or locally-declared emergen-
    10  cies, or for the purpose of conducting multi-jurisdictional or  regional
    11  training,  drills  or  exercises.  Requests  for  assistance may be made
    12  verbally or in writing; verbal requests shall be memorialized in writing
    13  as soon thereafter as is practicable.  Notwithstanding the provisions of
    14  section twenty-five of this  article,  the  local  emergency  management
    15  director  shall  have the authority to request and accept assistance and
    16  deploy the local resources of his or her jurisdiction under  the  intra-
    17  state mutual aid program.  The director of the state office of emergency
    18  management  is  authorized  to request and accept assistance pursuant to
    19  this section.
    20    c. Assisting local governments shall submit to the state or requesting
    21  local government an inventory of the resources being deployed.
    22    § 2. Subdivisions 8 and 9 of section 29-h of the executive law, subdi-
    23  vision 8 as added by section 10-a of part B of chapter 56 of the laws of
    24  2010, paragraph a of subdivision 8 as amended by section 13,  paragraphs
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12018-01-5
        S. 5957                             2
 
     1  b, c and d of subdivision 8 as added and paragraph e of subdivision 8 as
     2  relettered  by  section  10, and subdivision 9 as added by section 12 of
     3  part G of chapter 55 of the  laws  of  2012,  are  amended  to  read  as
     4  follows:
     5    8.  Reimbursement  of assisting [jurisdiction] local government by the
     6  state or requesting [jurisdiction] local government; resolving  disputes
     7  regarding  reimbursement.  a.  Any assisting local government requesting
     8  reimbursement under this program for loss, damage or  expenses  incurred
     9  in  connection with the provision of assistance that seeks reimbursement
    10  by the state or requesting local government shall make such  request  in
    11  accordance  with  procedures  developed  by  the  intrastate  mutual aid
    12  committee.
    13    b. Notwithstanding the provisions of section twenty-five of this arti-
    14  cle or any inconsistent provision of law to the contrary, the  state  or
    15  any requesting local government requesting assistance under this program
    16  shall  be  liable  and responsible to the assisting local government for
    17  any loss or damage to equipment or supplies and shall bear and  pay  the
    18  expense  incurred  in the operation and maintenance of any equipment and
    19  the cost of materials and supplies used in  rendering  assistance  under
    20  this section.
    21    c.  The  assisting  local  government  shall be liable for salaries or
    22  other compensation for its employees deployed to the state or a request-
    23  ing local government during the time they are not  rendering  assistance
    24  pursuant  to  such  request,  and  shall defray the actual traveling and
    25  maintenance expense of  its  employees  and  equipment  while  they  are
    26  rendering  assistance  under this section. The state or requesting local
    27  government shall reimburse the assisting local government for any moneys
    28  paid for such salaries or other compensation and traveling  and  mainte-
    29  nance  expenses  incurred  from  activities  performed  while  rendering
    30  assistance under this program.
    31    d. Notwithstanding paragraph c  of  this  subdivision,  any  voluntary
    32  ambulance  service  rendered  pursuant to a request for assistance under
    33  this program that affects a volunteer ambulance workers service award or
    34  supplemental service award from a service award  program  or  a  supple-
    35  mental  service award program established pursuant to article eleven-aa,
    36  article eleven-aaa, or article eleven-aaaa of the general municipal  law
    37  shall  be  the responsibility of the political subdivision which adopted
    38  the service award program or supplemental service award program and  not
    39  the responsibility of the state or requesting local government.
    40    e.  Where  a  dispute arises between an assisting local government and
    41  the state or a requesting local government regarding  reimbursement  for
    42  loss,  damages  or expenses incurred in connection with the provision of
    43  aid, the parties will make every effort to resolve  the  dispute  within
    44  thirty  business  days  of  written  notice  of the dispute by the party
    45  asserting noncompliance.
    46    9. Performance of services. a. (1) Employees  of  an  assisting  local
    47  government shall continue under the administrative control of their home
    48  jurisdiction. However, in all other cases where not prohibited by gener-
    49  al,  special or local law, rule or regulation, employees of an assisting
    50  local government shall be under the direction and control of the  direc-
    51  tor of the state office of emergency management, local emergency manage-
    52  ment  director  or  other  official  charged  with  performing emergency
    53  management functions for the state or requesting local government;
    54    (2) Performance by employees  of  an  assisting  local  government  of
    55  services for the state or a requesting local government pursuant to this
    56  section  shall  have  no  impact upon whether negotiating unit employees
        S. 5957                             3
 
     1  represented by an employee organization, recognized or certified  pursu-
     2  ant to section two hundred six or two hundred seven of the civil service
     3  law,  exclusively  perform  such services, as that phrase is used by the
     4  public  employment relations board, on behalf of the state or requesting
     5  local government;
     6    b. Assets and equipment of an assisting local government shall contin-
     7  ue under the ownership of the assisting local government, but  shall  be
     8  under  the  direction and control of the director of the state office of
     9  emergency management, local emergency management director or other offi-
    10  cial charged with performing  emergency  management  functions  for  the
    11  state or requesting local government.
    12    § 3. This act shall take effect immediately.