Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency.

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S5305-2011 Actions

• Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Jun 16, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 10, 2011: REPORTED AND COMMITTED TO FINANCE
• May 3, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S5305-2011 Meetings

Veterans, Homeland Security and Military Affairs: May 10, 2011, Veterans, Homeland Security and Military Affairs: Jun 5, 2012, Rules: Jun 17, 2011

S5305-2011 Votes

S5305-2011 Memo

BILL NUMBER:S5305

TITLE OF BILL:

An act
to amend the executive law, in relation to providing an exemption from
civil liability for any person who renders emergency medical care during
a state declaration of disaster emergency

PURPOSE:

To provide that any person, firm or corporation that is contracted by
the state or any political subdivision of this state be exempt from
civil liability in the performance of their duties during a state
disaster emergency, except in cases that involve gross negligence or
willful misconduct.

SUMMARY OF PROVISIONS:

This bill would amend section 28 of the executive law to provide that
any person, firm or corporation that is contracted by the state or
any political subdivision of this state be exempt from civil
liability in the performance of their duties during a state disaster
emergency, except in cases that involve gross negligence or willful
misconduct.

JUSTIFICATION:

Providing immunity of civil liability to first responders and those
that are contracted by the state, or any municipality within, to
respond or mitigate a disaster is an essential component to emergency
response and disaster preparedness in New York.

For example, Adelphi University offered Nassau County its campus as a
site for an emergency pharmaceutical distribution center in the event
of a pandemic or a bioterror attack. However, Nassau County could not
provide a liability exemption for the university because Nassau
County would not assure liability on behalf of the university.
Adelphi could not come to an agreement with Nassau County to allow
this point of distribution center on the campus.

This legislation does not extend immunity in the event of willful
misconduct or gross negligence or from events arising out of the
operation of motor vehicles. This legislation will provide our first
responders and partners in disaster response with the peace of mind
that they can perform their duties without the worry that they will
be held responsible for unfortunate circumstances far beyond their
control.

LEGISLATIVE HISTORY:

2006 - S.6914A (similar) Passed Senate

FISCAL IMPLICATIONS:

None Noted.


EFFECTIVE DATE:

This act shall take effect immediately.

S5305-2011 Text

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

                                    5305

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by  Sen.  BALL  --  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 providing an exemption
    from civil liability for any person who renders emergency medical care
    during a state declaration of disaster emergency

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


    Section  1.  Section  28 of the executive law is amended by adding two
  new subdivisions 5 and 6 to read as follows:

    5. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
  RATION,  IN THE PERFORMANCE OF A CONTRACT RELATED TO SUCH EMERGENCY WITH
  AND UNDER THE DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER
  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE  FOR  CAUSING
  THE  DEATH  OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN
  THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.   NOTHING  IN  THIS
  SUBDIVISION  SHALL  BE  DEEMED  TO RELIEVE OR ALTER THE LIABILITY OF ANY
  SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS  OF
  SUCH  PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS-
  ING OUT OF THE OPERATION OF MOTOR VEHICLES.
    6. DURING A STATE DISASTER EMERGENCY,  ANY  PRIVATE  PERSON,  FIRM  OR
  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
  RATION,  WHO  RENDERS ASSISTANCE OR ADVICE IN CONNECTION WITH SUCH EMER-
  GENCY AT THE REQUEST OF THE STATE OR ITS  POLITICAL  SUBDIVISIONS  UNDER
  THE  PROVISIONS  OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING
  THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY  EXCEPT  IN
  THE  EVENT  OF  GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  NOTHING IN THIS
  SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER  THE  LIABILITY  OF  ANY
  SUCH  PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF
  SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH  ARIS-
  ING OUT OF THE OPERATION OF MOTOR VEHICLES.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05531-01-1