S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4238

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to enacting the New  York
  emergency responder act

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York emergency responder act".
  S 2. The executive law is amended by adding a new section 29-f to read
as follows:
  S  29-F.  THE  NEW  YORK  EMERGENCY  RESPONDER ACT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PUBLIC OFFICIAL" SHALL MEAN ANY  APPOINTED  OR  ELECTED  FEDERAL,
STATE  OR  LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDIC-
TION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED.
  (B) "PUBLIC SAFETY OFFICIAL"  SHALL  MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
HAS OCCURRED.
  (C) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE LAW ENFORCEMENT IN THE JURISDICTION IN  WHICH  THE  EMERGENCY  OR
EVENT HAS OCCURRED.
  (D)  "CODE  ENFORCEMENT  OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (E)  "DISASTER"  SHALL MEAN THE OCCURRENCE OR IMMINENT THREAT OF WIDE-
SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR  PROPERTY  RESULTING
FROM  ANY  NATURAL  OR  MAN-MADE  CAUSES, INCLUDING, BUT NOT LIMITED TO,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09023-01-5
              

S. 4238                             2

FIRE, FLOOD, EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH  WATER,  LANDSLIDE,
MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL  OR
BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
COLLAPSE.
  (F)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
  (G) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
VILLAGE.
  (H)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE.
  (I) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION.
  (J) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
FIT CORPORATION LAW.
  (K)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
CENTRAL HIGH SCHOOL DISTRICT.
  (L)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
WHICH SUCH DISTRICT WAS ESTABLISHED.
  (M) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY  ASSISTANCE  OR  ADVICE,
FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
PROVISION  OF  STRUCTURAL,  ELECTRICAL,  MECHANICAL OR OTHER ENGINEERING
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
EDUCATION  LAW;  (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW;  (4)  LANDSCAPE  ARCHITEC-
TURAL  SERVICES  RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF
THE EDUCATION LAW; (5) LAND  SURVEYING  SERVICES  RENDERED  PURSUANT  TO
ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE

S. 4238                             3

EDUCATION  LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING
NATIONAL, STATE OR LOCAL DISASTER OR DECLARED EMERGENCY.
  2.  ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE EMPLOYEES
AND AGENTS OF SUCH PERSON, CORPORATION OR OTHER ENTITY,  WHICH  PROVIDES
EMERGENCY  ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR WITH
THE CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT  OFFICIAL,
PUBLIC  SAFETY  OFFICIAL OR CODE ENFORCEMENT OFFICIAL ACTING IN AN OFFI-
CIAL CAPACITY, MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY,
LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL DISTRICT, OR PURSUANT  TO  A
CONTRACT WITH A PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY
OFFICIAL  OR  CODE  ENFORCEMENT OFFICIAL ACTING IN AN OFFICIAL CAPACITY,
MUNICIPAL CORPORATION, STATE DEPARTMENT, STATE AUTHORITY, LOCAL AUTHORI-
TY, SCHOOL DISTRICT OR SPECIAL DISTRICT, SHALL NOT BE SUBJECT TO SUIT OR
CLAIM, NOR LIABLE FOR ANY  PERSONAL  INJURY,  WRONGFUL  DEATH,  PROPERTY
DAMAGE,  ECONOMIC  LOSS  OR ANY OTHER DAMAGE, LOSS OR CLAIM CAUSED BY OR
ARISING FROM, DIRECTLY OR INDIRECTLY, THE PERSON, CORPORATION OR ENTITY,
OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPORATION OR ENTITY, RELAT-
ING TO THE RENDERING OR FURNISHING OF THE VOLUNTARY OR CONTRACTUAL EMER-
GENCY ASSISTANCE IN CONNECTION WITH THE DISASTER OR EMERGENCY, EXCEPT AS
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (A) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY WITH RESPECT
TO ALL EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD  ENDING  ON  THE
LATER  OF  (1)  SIXTY DAYS AFTER THE EMERGENCY IS DECLARED TERMINATED BY
THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER THE  COMPLETION
OF THE EMERGENCY ASSISTANCE PROVIDED PURSUANT TO A CONTRACT OR A REQUEST
BY THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT, AUTHORITY
OR DISTRICT.
  (B)  THE  IMMUNITY  PROVIDED  IN THIS SECTION SHALL APPLY IN ALL CASES
EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR  A  SERVICE
FURNISHED  FOR  OR  IN  CONNECTION  WITH AN IMPENDING OR ACTUAL DECLARED
NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER
THAT CONSTITUTES WANTON, WILLFUL OR  INTENTIONAL  MISCONDUCT,  OR  GROSS
NEGLIGENCE.
  (C)  WHERE  A PERSON, CORPORATION OR OTHER ENTITY, OR THE EMPLOYEES OR
AGENTS OF ANY PERSON, CORPORATION OR  OTHER  ENTITY  RENDERS  ADVICE  OR
SERVICES  AT  THE  REQUEST  OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND
WHERE SUCH ADVICE OR SERVICES FALL WITHIN  THE  AMBIT  OF  THE  IMMUNITY
PROVIDED  IN  THIS  SECTION,  THE LIABILITY OF THE STATE OR LOCALITY, IF
ANY,  WHICH  REQUESTED  THE  SERVICES  SHALL  NOT  BE  AFFECTED  BY  THE
PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4238--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens. SAVINO, AKSHAR, AVELLA, BOYLE, CARLUCCI, GALLIVAN,
  PERALTA, SEWARD, VALESKY -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Veterans, Homeland Security and  Military  Affairs
  in  accordance  with  Senate Rule 6, sec. 8 -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the executive law, in relation to enacting the New York
  emergency responder act

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York emergency responder act".
  S 2. The executive law is amended by adding a new section 29-f to read
as follows:
  S 29-F. THE NEW YORK EMERGENCY RESPONDER  ACT.  1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "PUBLIC  OFFICIAL"  SHALL  MEAN ANY APPOINTED OR ELECTED FEDERAL,
STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN  THE  JURISDIC-
TION  IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED, AND ACTING IN HIS OR
HER OFFICIAL CAPACITY.
  (B) "PUBLIC SAFETY OFFICIAL"  SHALL  MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
HAS OCCURRED, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
  (C) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN  ANY  APPOINTED  OR  ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09023-09-6

              

S. 4238--B                          2

DINATE LAW ENFORCEMENT IN THE JURISDICTION IN  WHICH  THE  EMERGENCY  OR
EVENT HAS OCCURRED, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
  (D)  "CODE  ENFORCEMENT  OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED, AND ACTING IN HIS OR HER OFFICIAL CAPACITY.
  (E)  "DECLARED  EMERGENCY"  SHALL  MEAN  ANY  STATE DISASTER EMERGENCY
DECLARATION OR LOCAL EMERGENCY ORDER PROCLAMATION, BY A PUBLIC OFFICIAL,
OF THE OCCURRENCE OR IMMINENT THREAT OF A DISASTER OR RIOTING, CATASTRO-
PHE OR SIMILAR PUBLIC EMERGENCY, OR IN THE EVENT OF REASONABLE APPREHEN-
SION OF IMMEDIATE DANGER THEREOF, AND UPON A FINDING BY THE PUBLIC OFFI-
CIAL THAT THE PUBLIC SAFETY IS IMPERILED THEREBY.
  (F) "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY  OR
VILLAGE.
  (G)  "STATE DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE.
  (H) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
CORPORATION  CREATED  BY OR EXISTING UNDER THIS CHAPTER OR ANY OTHER LAW
OF THE STATE, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE  GOVERNOR
OR  WHO  SERVE  AS  MEMBERS  BY  VIRTUE OF HOLDING A CIVIL OFFICE OF THE
STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION.
  (I) "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION  CREATED  BY  OR EXISTING UNDER THIS CHAPTER OR ANY
OTHER LAW OF THE STATE WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE  OF  THE
STATE,  ARE NOT APPOINTED BY THE GOVERNOR OR ARE APPOINTED BY THE GOVER-
NOR SPECIFICALLY UPON THE RECOMMENDATION  OF  THE  LOCAL  GOVERNMENT  OR
GOVERNMENTS; (2) A NOT-FOR-PROFIT CORPORATION AFFILIATED WITH, SPONSORED
BY OR CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT; (3) A LOCAL
INDUSTRIAL DEVELOPMENT AGENCY OR AUTHORITY OF ANOTHER LOCAL PUBLIC BENE-
FIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR (5) A LAND
BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PRO-
FIT CORPORATION LAW.
  (J)  "SCHOOL  DISTRICT"  SHALL  MEAN ANY COMMON SCHOOL DISTRICT, UNION
FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT, CITY SCHOOL DISTRICT,  OR
CENTRAL HIGH SCHOOL DISTRICT.
  (K)  "SPECIAL  DISTRICT"  SHALL  MEAN  A  TOWN  OR  COUNTY IMPROVEMENT
DISTRICT, DISTRICT CORPORATION OR OTHER  DISTRICT  ESTABLISHED  FOR  THE
PURPOSE OF CARRYING ON, PERFORMING OR FINANCING ONE OR MORE IMPROVEMENTS
OR  SERVICES  INTENDED TO BENEFIT THE HEALTH, WELFARE, SAFETY OR CONVEN-
IENCE OF THE INHABITANTS OF SUCH DISTRICT OR TO BENEFIT THE REAL PROPER-
TY WITHIN SUCH DISTRICT, AND  IN  WHICH  REAL  PROPERTY  IS  SUBJECT  TO
SPECIAL  AD  VALOREM  LEVIES OR SPECIAL ASSESSMENTS FOR THE PURPOSES FOR
WHICH SUCH DISTRICT WAS ESTABLISHED.
  (L) "EMERGENCY ASSISTANCE" SHALL MEAN (1) ANY  ASSISTANCE  OR  ADVICE,
FURNISHING OF CONSTRUCTION, SUPPLIES, MATERIALS, EQUIPMENT OR LABOR; (2)
PROVISION  OF  STRUCTURAL,  ELECTRICAL,  MECHANICAL OR OTHER ENGINEERING
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE
EDUCATION  LAW;  (3) ARCHITECTURAL SERVICES RENDERED PURSUANT TO ARTICLE
ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW;  (4)  LANDSCAPE  ARCHITEC-
TURAL  SERVICES  RENDERED PURSUANT TO ARTICLE ONE HUNDRED FORTY-EIGHT OF
THE EDUCATION LAW; (5) LAND  SURVEYING  SERVICES  RENDERED  PURSUANT  TO
ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW; OR (6) GEOLOGICAL
SERVICES RENDERED PURSUANT TO ARTICLE  ONE  HUNDRED  FORTY-FIVE  OF  THE

S. 4238--B                          3

EDUCATION  LAW ARISING FROM OR IN CONNECTION WITH AN ACTUAL OR IMPENDING
DECLARED EMERGENCY, OR NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED  IN
PARAGRAPH A OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE.
  2.  ANY PRIVATE PERSON, CORPORATION OR OTHER ENTITY, AND THE EMPLOYEES
AND AGENTS OF SUCH PERSON, CORPORATION OR OTHER ENTITY,  WHICH  PROVIDES
EMERGENCY  ASSISTANCE EITHER ON A VOLUNTARY BASIS AT THE REQUEST OR WITH
THE CONSENT OR APPROVAL OF A PUBLIC OFFICIAL, LAW ENFORCEMENT  OFFICIAL,
PUBLIC  SAFETY  OFFICIAL  OR CODE ENFORCEMENT OFFICIAL, MUNICIPAL CORPO-
RATION, STATE  DEPARTMENT,  STATE  AUTHORITY,  LOCAL  AUTHORITY,  SCHOOL
DISTRICT  OR  SPECIAL  DISTRICT; OR PURSUANT TO A CONTRACT WITH A PUBLIC
OFFICIAL, LAW ENFORCEMENT  OFFICIAL,  PUBLIC  SAFETY  OFFICIAL  OR  CODE
ENFORCEMENT  OFFICIAL,  MUNICIPAL  CORPORATION,  STATE DEPARTMENT, STATE
AUTHORITY, LOCAL AUTHORITY, SCHOOL DISTRICT OR SPECIAL  DISTRICT;  SHALL
NOT  BE  SUBJECT  TO  SUIT OR CLAIM, NOR LIABLE FOR ANY PERSONAL INJURY,
WRONGFUL DEATH, PROPERTY DAMAGE, ECONOMIC LOSS OR ANY OTHER DAMAGE, LOSS
OR CLAIM CAUSED BY OR ARISING FROM, DIRECTLY OR INDIRECTLY, THE  PERSON,
CORPORATION OR ENTITY, OR THE EMPLOYEES OR AGENTS OF SUCH PERSON, CORPO-
RATION  OR ENTITY, RELATING TO THE RENDERING OR FURNISHING OF THE VOLUN-
TARY OR CONTRACTUAL EMERGENCY ASSISTANCE IN CONNECTION WITH THE DISASTER
OR EMERGENCY, EXCEPT AS SET FORTH IN PARAGRAPH (B) OF  THIS  SUBDIVISION
PROVIDED  THAT  THE  EMERGENCY  ASSISTANCE  CONSISTS  OF  ACTS,  ADVICE,
SERVICE, WORK, LABOR, MATERIALS, SUPPLIES, EQUIPMENT OR OTHER ACTIVITIES
THAT ARE CONSISTENT WITH THE NATURE OF  AND  RENDERED  PURSUANT  TO  THE
REQUEST  FOR,  CONSENT  TO,  APPROVAL OF, OR CONTRACT FOR SUCH EMERGENCY
ASSISTANCE.
  (A) THE RIGHTS AND BENEFITS PROVIDED IN THIS SUBDIVISION  SHALL  APPLY
WITH  RESPECT  TO  ALL  EMERGENCY ASSISTANCE FURNISHED WITHIN THE PERIOD
ENDING ON THE LATER OF (1) SIXTY DAYS AFTER THE  EMERGENCY  IS  DECLARED
TERMINATED  BY  THE AUTHORIZED PUBLIC OFFICIAL, OR (2) THIRTY DAYS AFTER
THE APPLICABLE OFFICIAL, MUNICIPAL CORPORATION, DEPARTMENT OR  AUTHORITY
ADVISES  THE PRIVATE PERSON, CORPORATION OR OTHER ENTITY THAT IS PROVID-
ING THE EMERGENCY ASSISTANCE IN WRITING THAT THE EMERGENCY ASSISTANCE IS
COMPLETED.
  (B) THE RIGHTS AND BENEFITS PROVIDED IN THIS SECTION  SHALL  APPLY  IN
ALL CASES EXCEPT UPON A SHOWING THAT ASSISTANCE OR ADVICE RENDERED, OR A
SERVICE  FURNISHED  FOR  OR  IN  CONNECTION  WITH AN IMPENDING OR ACTUAL
DECLARED  NATIONAL,  STATE  OR  LOCAL  DISASTER  OR  EMERGENCY  (1)  WAS
PERFORMED  IN  A  MANNER THAT CONSTITUTES WANTON, WILLFUL OR INTENTIONAL
MISCONDUCT, OR GROSS NEGLIGENCE, OR (2)  WAS  PERFORMED  PURSUANT  TO  A
SEPARATE  WRITTEN  AGREEMENT  FOR WORK TO BE PERFORMED OR SERVICES TO BE
RENDERED AFTER THE CONCLUSION OF  THE  EMERGENCY  ASSISTANCE  WHERE  THE
PRIMARY  PURPOSE  OF  SUCH  AGREEMENT IS THE DESIGN OR CONSTRUCTION OF A
PERMANENT REPAIR, RESTORATION, CORRECTION OR OTHER REMEDY OF THE  CONDI-
TIONS  THAT  CAUSED  OR  WERE  DAMAGED  BY  THE  DECLARED  EMERGENCY, OR
NATIONAL, STATE OR LOCAL DISASTER, AS DEFINED IN PARAGRAPH A OF SUBDIVI-
SION TWO OF SECTION TWENTY OF THIS ARTICLE.
  (C) WHERE A PERSON, CORPORATION OR OTHER ENTITY, OR THE  EMPLOYEES  OR
AGENTS  OF  ANY  PERSON,  CORPORATION  OR OTHER ENTITY RENDERS ADVICE OR
SERVICES AT THE REQUEST OF A STATE OR LOCAL  EMPLOYEE  OR  OFFICIAL  AND
WHERE  SUCH  ADVICE  OR SERVICES FALL WITHIN THE AMBIT OF THE RIGHTS AND
BENEFITS PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE OR LOCALI-
TY, IF ANY, WHICH REQUESTED THE SERVICES SHALL NOT BE  AFFECTED  BY  THE
PROVISIONS OF THIS SECTION.
  (D)  THE  RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT APPLY
TO PERSONS, CORPORATIONS OR OTHER ENTITIES  WHOSE  PRIMARY  BUSINESS  OR
OCCUPATION,  AT  THE  TIME  OF THE OCCURRENCE OF THE DISASTER OR CIRCUM-

S. 4238--B                          4

STANCES THAT GAVE RISE TO THE DECLARED  EMERGENCY  FOR  WHICH  EMERGENCY
ASSISTANCE  WAS  PROVIDED, IS ONE OF PROVIDING EMERGENCY FIRST RESPONDER
SERVICES IN RESPONSE TO DECLARED EMERGENCIES,  AND  NATIONAL,  STATE  OR
LOCAL DISASTERS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF SECTION
TWENTY OF THIS ARTICLE.
  (E)  THE  RIGHTS AND BENEFITS PROVIDED IN THIS SECTION SHALL NOT APPLY
TO PERSONS, CORPORATIONS OR OTHER ENTITIES WHOSE NEGLIGENCE  OR  WILLFUL
MISCONDUCT  CAUSED,  IN  WHOLE  OR  IN  MATERIAL  PART,  THE DISASTER OR
DECLARED EMERGENCY.
  (F) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHTS  AND  BENEFITS  OF
INDIVIDUALS  EXPRESSLY  AUTHORIZED TO PARTICIPATE IN VOLUNTEER EMERGENCY
RESPONSE ACTIVITIES UNDER THE DIRECTION  OF  OR  IN  CONNECTION  WITH  A
COMMUNITY  EMERGENCY  RESPONSE TEAM, COUNTY EMERGENCY MANAGEMENT AGENCY,
STATE EMERGENCY MANAGEMENT AGENCY, STATE-SPONSORED VOLUNTEER PROGRAM  OR
FEDERAL EMERGENCY MANAGEMENT AGENCY.
  S 3. This act shall take effect immediately.