S1063-2013 Actions

• May 6, 2013: ADVANCED TO THIRD READING
• May 1, 2013: 2ND REPORT CAL.
• Apr 30, 2013: 1ST REPORT CAL.485
• Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

S1063-2013 Meetings

S1063-2013 Calendars

S1063-2013 Votes

S1063-2013 Memo

BILL NUMBER:S1063

TITLE  OF BILL:  An act to amend the county law, in relation to mutual
aid agreements between counties  for  the  provision  of  services  by
coroners  and  medical  examiners  and  establishes  certain  training
requirements

PURPOSE:
To allow coroners' services from adjacent counties to assist a  county
in  a  time  of  disaster  and  to establish training requirements for
coroners.

SUMMARY OF PROVISIONS:
Section 1 amends the county law by adding two  new  sections  672  and
672-a,  which  authorizes counties to enter into written or mutual aid
agreements far the  provision  of  services  provided  by  the  county
coroner's  office  or  the  office  of  the  medical  examiner in such
counties requirement.

Also, this bill shall not alter  the  liability  of  any  county  that
enters  into  a  mutual aid agreement under this bill to a third party
claimant for any cause of action that arises out of such an agreement.
Proper venue shall be any  of  the  counties  involved.  In  addition,
certain training requirements are established for coroners.

Section 2 states the effective date.

JUSTIFICATION:
Recent  events, natural catastrophe or terrorist-related, have brought
to light the need for  cooperation  between  counties  to  assist  one
another  in  the  expedient  management of mass casualties. As the law
exists today, a large scale catastrophe would be too large of a burden
for counties with only one  coroner.  Additionally,  if  the  existing
coroner  falls  ill,  there is no one to replace him. These mutual aid
agreements would improve counties' capabilities to manage  emergencies
and  deaths.  In  addition,  proper  training of coroners is needed to
ensure the prevision of proper services.

LEGISLATIVE HISTORY:
S.2621A 2007/2008; Advanced to Third Reading, Committed to Rules
Committee.
S.3220 of 2009/2010; Referred to Local Government
S.277B of 2011/2012; Referred to Local Government

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming law, with
provisions.

S1063-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1063
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sens. MAZIARZ, BONACIC, DeFRANCISCO, GOLDEN -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Local Government
 

AN ACT to amend the county law, in relation  to  mutual  aid  agreements
 between counties for the provision of services by coroners and medical
 examiners and establishes certain training requirements
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The county law is amended by adding two  new  sections  672
 and 672-a to read as follows:

 

S  672.  MUTUAL AID AGREEMENTS FOR CORONERS' SERVICES. 1.  TWO OR MORE
 COUNTIES ARE AUTHORIZED TO ENTER INTO WRITTEN MUTUAL AID AGREEMENTS  FOR
 THE  PROVISION  OF  SERVICES  PROVIDED BY THE COUNTY CORONER'S OFFICE OR
 OFFICE OF THE MEDICAL EXAMINER IN SUCH COUNTIES. EACH  COUNTY  SHALL  BE
 LIABLE  FOR  ACTS  OR  OMISSIONS  OF ITS EMPLOYEES OR AGENTS WHEN ACTING
 PURSUANT TO SUCH AN AGREEMENT IN THE SAME MANNER AND TO THE SAME  EXTENT
 AS  IF  SUCH  ACTS  OR  OMISSIONS  OCCURRED  WITHIN THE COUNTY; AND SUCH
 EMPLOYEES OR AGENTS SHALL HAVE IMMUNITIES AND PRIVILEGES FOR THEIR  ACTS
 OR  OMISSIONS  WHEN  ACTING  PURSUANT  TO  SUCH AN AGREEMENT IN THE SAME
 MANNER AND TO THE SAME EXTENT AS IF  SUCH  ACTS  OR  OMISSIONS  OCCURRED
 WITHIN  THE  COUNTY; EXCEPT THAT SUCH A CONTRACT MAY APPORTION LIABILITY
 OTHERWISE BETWEEN OR AMONG THE COUNTIES.
 2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER  THE  LIABILITY
 OF  ANY  COUNTY THAT ENTERS INTO A MUTUAL AID AGREEMENT PURSUANT TO THIS
 SECTION TO A THIRD PARTY CLAIMANT FOR ANY CAUSE OF  ACTION  THAT  ARISES
 OUT  OF  SUCH  AGREEMENT.  THE PROPER VENUE FOR ANY SUCH CAUSE OF ACTION
 SHALL BE IN ANY OF THE COUNTIES INVOLVED IN SUCH CAUSE OF ACTION.
 

S 672-A. TRAINING REQUIREMENTS FOR CORONERS  AND  CORONER'S  DEPUTIES.
 EACH CORONER AND CORONER'S DEPUTY, WHETHER ELECTED OR APPOINTED PURSUANT
 TO  SECTION  FOUR HUNDRED OF THIS CHAPTER, SHALL ATTEND AND SUCCESSFULLY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02092-01-3
 
       S. 1063                             2
 COMPLETE STATE-APPROVED COURSES IN MEDICAL-LEGAL INVESTIGATION PRIOR  TO
 THE  TAKING  OF SUCH OFFICE, OR IF SUCH COURSE CANNOT BE COMPLETED PRIOR
 TO TAKING OFFICE, THEN NO LATER THAN THIRTY DAYS  AFTER  TAKING  OFFICE.
 THE  COST  OF SUCH COURSES SHALL BE THE RESPONSIBILITY OF THE CORONER OR
 CORONER'S  DEPUTY,  PROVIDED  HOWEVER  THAT  THE  COUNTY  MAY,  AT   ITS
 DISCRETION,  REIMBURSE  THE  CORONER  OR  CORONER'S  DEPUTY FOR ALL OR A
 PORTION OF THE COST OF SUCH COURSES.  SUCH COURSES SHALL BE  PRESCRIBED,
 CERTIFIED  AND CREDITED IN RULES PROMULGATED BY THE DIVISION OF CRIMINAL
 JUSTICE SERVICES IN CONSULTATION WITH THE COMMISSIONER  OF  HEALTH,  THE
 SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF EDUCATION, AND OTHER
 INTERESTED  PROFESSIONAL  GROUPS  INCLUDING, BUT NOT LIMITED TO, THE NEW
 YORK STATE ASSOCIATION OF COUNTY CORONERS  AND  MEDICAL  EXAMINERS.  THE
 FREQUENCY  AND  DURATION  OF  SUCH  COURSES SHALL BE ESTABLISHED BY SUCH
 RULES.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that the commissioner  of
 criminal  justice  services is authorized and directed to promulgate any
 rules and regulations necessary to implement the provisions of this  act
 on its effective date on or before such date.

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