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 (7): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Klein
Excused (1): Oppenheimer
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
PURPOSE: To allow coroners' services from adjacent counties to assist a county in a time of disaster.
SUMMARY OF PROVISIONS: Section 1 amends the county law by adding a new section 672, which authorizes counties to enter into written or mutual aid agreements for the provision of services provided by the county coroner's office or the office of the medical examiner in such counties.
Section 2 provides that 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. In addition, proper venue shall be any of the counties involved.
Section 3 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.
BILL HISTORY: S.2621-A 2007/2008; Advanced to Third Reading, Committed to Rules Committee. S.3220 of 2009/2010; Referred to Local Government
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 277 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, GOLDEN, GRIF- FO, RANZENHOFER, SALAND, YOUNG -- 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 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 a new section 672 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 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01670-01-1