Authorizes mutual aid agreements between counties for the provision of services by coroners and medical examiners; establishes medical-legal investigation training requirements for coroners and coroner's deputies.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Peralta, Smith
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.
STATE OF NEW YORK ________________________________________________________________________ 1063 2013-2014 Regular Sessions IN 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 SUCCESSFULLYEXPLANATION--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.