Bill S5787-2013

Relates to the state fire mobilization and mutual aid plan

Relates to state fire mobilization and mutual aid plan; relates to the acceptance of gifts by the state; relates to immunity from liability for emergency alerts.

Details

  • Same as:
  • Versions
  • Sponsor:
  • Multi-sponsor(s):
  • Co-sponsor(s):
  • Law Section:
  • Law:

Actions

  • Jul 11, 2013: SIGNED CHAP.101
  • Jul 2, 2013: DELIVERED TO GOVERNOR
  • Jun 19, 2013: returned to senate
  • Jun 19, 2013: passed assembly
  • Jun 19, 2013: ordered to third reading rules cal.487
  • Jun 19, 2013: substituted for a7971
  • Jun 17, 2013: referred to ways and means
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1410
  • Jun 14, 2013: REFERRED TO RULES

Votes

Memo

BILL NUMBER:S5787

TITLE OF BILL: An act to amend the civil service law, the county law, the executive law and the general municipal law, in relation to making technical corrections thereto and the state fire mobilization and mutual aid plan (Part A); to amend the executive law, in relation to the acceptance of gifts by the state (Part B); and to amend the executive law, in relation to immunity from liability for emergency alerts (Part C)

Purpose: In recent years, New York has experienced a number of disaster emergencies that have impacted many parts of the State and required a coordinated response to maximize the use of available local, state, federal and private resources in preparing for and responding to these disaster emergencies. This bill would improve the State's ability to make such a coordinated response

Summary of Provisions:

I. The Office of Fire Prevention and Control (Part A)

This bill would make technical changes to the Civil Service Law, the County Law, the Executive Law and the General Municipal Law to reflect the removal of the Office of Fire Prevention and Control ("OFPC") from the Department of State and its consolidation into the Division of Homeland Security and Emergency Services ("DHSES"). It also would: (a) make technical changes necessitated by the repeal of certain boards and commissions that formerly provided policy and other guidance on fire-related issues; (b) amend references to the Governor's authority to promulgate certain regulations pursuant to Executive L § 159-d, which was repealed by L. 2010, c. 56; and (c) incorporate gender-neutral language into various provisions of law, by changing references to "firemen" to "firefighters."

Further, the bill would authorize the State Fire Administrator to promulgate rules and regulations necessary to implement the state fire mobilization and mutual aid plan.

Finally, it would update the requirement that when a sheriff declares a state of special emergency pursuant to General Municipal L. § 209-f he or she must notify the Governor of that declaration by "telegram," by allowing such notification also to be made by facsimile or other electronic means.

II. Authorizing the Office of Emergency Management ("OEM") to Accept Gifts (Part B)

The bill would add a new Executive L. § 29-j to authorize OEM to accept any assistance, including gifts of real and personal property, but not money, from a public or private source for purposes of preparing for, responding to or recovering from a state disaster emergency. Such assistance could be used to support state or local disaster operations, and could be distributed to disaster response organizations that are supporting local disaster response operations. To ensure transparency, OEM would maintain a public database concerning gifts that are accepted, including the donors and

recipients of the gifts, the type of assistance provided and the value of that assistance.

III.Immunity from Liability for Emergency Alerts (Part C)

The NY-Text system will allow mass text messages to be sent to all wireless telephones in a chosen area before, during and after an emergency. These messages may be used, for example, to send evacuation warnings, or to provide information on the location of food, water, shelters or other resources that may be needed in the wake of a disaster emergency. Executive L § 29-i, enacted in L. 2013, c 55, gives immunity from liability to mobile service providers for acts or omissions relating to, or harm resulting from, the transmission or failure to transmit an emergency alert, when the provider acted reasonably and in good faith This bill would amend that section to also provide such immunity to "third-party intermediary transmission service providers" who are acting on behalf of the State or a mobile service provider in facilitating the transmission of emergency alert messages.

Existing Law: L. 2010, c. 56 created the DHSES to consolidate, in one agency, the Office of Emergency Management (formerly the State Emergency Management Office) and OFPC, as well as the Office of Counterterrorism and the Office of Cyber Security. As part of that consolidation of agencies, the Fire Safety Advisory Board, the Arson Board and the Fire Fighting and Code Enforcement Personnel Standards and Education Commission ("the Commission") were repealed, and some of their duties given to a newly created Advisory Council for Fire Prevention and Control. Also repealed was Executive L. § 159-d, which authorized the Governor to promulgate regulations recommended by the Commission.

General Municipal L. § 209-e sets forth the authority of the State Fire Administrator to prepare a fire mobilization and mutual aid plan and § 209-f provides that when a sheriff declares a state of special emergency, he or she must first notify the Governor by telegram.

OEM has no statutory authority to accept gifts on behalf of the State.

Executive L § 29-i, enacted as part of L. 2013, c 55, provides that providers of mobile services who transmit emergency alerts on behalf of the State shall be immune from liability for acts or omissions relating to the transmission of such alerts,

Justification: This bill would improve the State's ability to prepare for and respond to fire emergencies and other disasters. First, by making technical corrections to a number of sections of law, it will clarify the respective roles of the State Fire Administrator and the Secretary of State with respect to a number of fire-related issues, including who has authority to promulgate rules and regulations, including those necessary for the successful implementation of the State's fire mobilization and mutual aid plan. Second, it would simplify a sheriff's ability to fulfill the requirement that he or she notify the Governor of a declared state of special emergency, but giving the sheriff options other than a "telegram" to make such a notification.

Third, the bill would permit the State OEM to accept gifts - excluding money - to be used in preparation for, responding to and recovering from a State disaster emergency. This will allow better coordination and use of such gifts and donations.

Finally, granting immunity from liability to third-party intermediary transmission service providers will expedite the State's implementation of the NY-Text emergency alert system by removing a barrier to the State's ability to contract with a provider that already has the necessarily technological solution to operate such an alert system. Having such an alert system in place before the next hurricane season is and should be a priority for the State.

Legislative History: This is a new bill.

Budget Implications: None.

Effective Date: This bill would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5787 2013-2014 Regular Sessions IN SENATE June 14, 2013 ___________
Introduced by Sens. BALL, MARCELLINO, CARLUCCI -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil service law, the county law, the executive law and the general municipal law, in relation to making technical corrections thereto and the state fire mobilization and mutual aid plan (Part A); to amend the executive law, in relation to the accept- ance of gifts by the state (Part B); and to amend the executive law, in relation to immunity from liability for emergency alerts (Part C) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law components of legislation relating to the preparation for and response to disasters and other emergencies. Each component is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effec- tive date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Section 58-a of the civil service law, as added by chapter 369 of the laws of 1976, subdivisions 1 and 5 as amended by chapter 225 of the laws of 1979, is amended to read as follows: S 58-a. Requirements for provisional or permanent appointment of certain fire fighters. 1. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person
shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a fire fighter unless he OR SHE shall satisfy the basic requirements for education, health and phys- ical fitness established by the [governor pursuant to section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive law. 2. Notwithstanding the provisions of subdivision one of this section, upon the request of a municipal commission having jurisdiction over a fire department and upon a showing by such municipal commission and a determination by the state commission that aggravated recruitment diffi- culties are causing a serious shortage of fire fighters in such fire department and that such municipal commission and all appropriate authorities are making diligent efforts, including payment of adequate compensation, to overcome such recruitment difficulties, the state commission, with the approval of the [fire fighting personnel standards and education commission] STATE FIRE ADMINISTRATOR, may change the educational, health and physical fitness requirements for provisional and permanent appointment as a fire fighter in such fire department for a period not exceeding two years from the date of such determination. Such changes may be authorized for an additional period not exceeding two years, upon a showing and a determination similar to that required hereunder for the original authorization. 3. The provisions of this section shall not prevent the establishment of more restrictive local requirements for eligibility for fire fight- ers. 4. For the purposes of this section fire fighter means a member of a fire department whose duties include fire service as the phrase fire service is defined in paragraph d of subdivision eleven of section three hundred two of the retirement and social security law. 5. Any person whose name was on an eligible list for appointment in the competitive class of the civil service as a fire fighter on the date educational, health and physical fitness requirements for fire fighters are promulgated by the [governor pursuant to section one hundred fifty- nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY- EIGHT of the executive law, shall continue to remain eligible for appointment from such list during the life of such list without satisfy- ing such requirements provided he OR SHE would otherwise have remained eligible for appointment from such list if this section had not been enacted. 6. The provisions of this section shall not apply to appointments made by any county, city, town, village or fire district which employs five or fewer fire fighters. S 2. Section 236-b of the county law, as added by chapter 339 of the laws of 2009, subdivision 4 as amended by section 12 of part O of chap- ter 55 of the laws of 2012, is amended to read as follows: S 236-b. County electrical inspector licensing. 1. Notwithstanding any inconsistent general, special, or local law to the contrary, the county of Westchester is hereby authorized to establish a Westchester county board of examiners for electrical inspectors and to empower such board to assume all licensing duties within the county of Westchester with respect to the licensure of electrical inspectors. The county of West- chester shall provide for electrical inspectors' duties and responsibil- ities with respect to applications for a license or renewal in accord- ance with the local law of such county. A local law enacted pursuant to this section establishing county licensure of electrical inspectors shall provide standards for licensure which shall include, at a minimum,
a provision that no person shall obtain a license unless such person shall have received training in the inspection of electrical components, equipment and systems used in buildings and structures which is at least equivalent to the training in the inspection of electrical components, equipment and systems used in buildings and structures required for code enforcement personnel under the rules and regulations promulgated by the [governor pursuant to article six-C] SECRETARY OF STATE PURSUANT TO SECTION THREE HUNDRED SEVENTY-SIX-A of the executive law. 2. A local law enacted pursuant to this section establishing county licensure of electrical inspectors shall supersede any provision requir- ing electrical inspectors to also obtain a local license promulgated by a city, town or village in the county pursuant to any general, special or local law. Nothing in this section shall be deemed to supersede any of the powers, functions and duties of the [fire fighting and code enforcement personnel standards and education commission, as set forth in article six-C] SECRETARY OF STATE PURSUANT TO SECTION THREE HUNDRED SEVENTY-SIX-A of the executive law. 3. In this section, the term "electrical inspector" shall mean any person who now or hereafter inspects electrical components, equipment and systems used in buildings and structures to determine the compliance of such electrical components, equipment and systems and the installa- tion of such electrical components, equipment and systems with the applicable provisions of the state uniform fire prevention and building code promulgated pursuant to article eighteen of the executive law; provided, however, that the term electrical inspector shall not include any person who performs such inspections as an employee of the state of New York, any agency of the state of New York, or any county, city, town or village. In no event shall any person who now or hereafter performs such inspections as an employee of the state of New York, any agency of the state of New York, or any county, city, town or village be required to obtain a license issued pursuant to this section or pursuant to any local law enacted pursuant to this section. 4. In this section, the term "agency of the state of New York" shall include any department, bureau, commission, board, public authority or other agency of the state of New York; any public benefit corporation whose board of directors includes any member appointed by the governor; any subdivision of any department, bureau, commission, board, public authority or other agency of the state which is easily identifiable and which for most other purposes is treated as an independent state agency; and the office of information technology services. S 3. Section 156-a of the executive law, as amended by section 1 of part D of chapter 1 of the laws of 2004, subdivision 1 as amended by section 23 of part G of chapter 58 of the laws of 2012, is amended to read as follows: S 156-a. Establishment of a specialized hazardous materials emergency response training program. 1. The state fire administrator shall estab- lish a specialized hazardous materials emergency response training program for individuals responsible for providing emergency response recovery following incidents involving hazardous materials as such term is defined in regulations promulgated by the commissioner of transporta- tion pursuant to section fourteen-f of the transportation law. The state fire administrator shall inform all fire companies, municipal corporations and districts, including agencies and departments thereof and all firefighters, both paid and volunteer, and related officers and employees and police officers of the implementation and availability of the hazardous materials emergency response training program and shall,
subject to the availability of an appropriation, conduct such training with sufficient frequency to assure adequate response to incidents involving hazardous materials and protection of responders in all geographic areas of the state. 2. The state fire administrator[, in consultation with the aforemen- tioned commission] shall prescribe the curriculum of the hazardous mate- rials emergency response training program, which shall include, but shall not be limited to: (a) hands-on training, including information in regard to leak and spill control, product neutralization, pickup and disposal, fire control, decontamination procedures and use and application of foam agents; (b) hazard assessment with emphasis on incident scene decision-making, including: potential threat to public safety and need for evacuation, calculation of the effect of weather on certain chemicals and evaluation of the result of chemical exposures to air, water, soil, vegetation, lives and property and impact on the personal safety of those working in the accident area; (c) calibration and use of emergency equipment; (d) chemical and biological properties of various classes of chemi- cals, for example, flammables, oxidizers, corrosives, poisons; and (e) weapons of mass destruction and response to terrorism. 3. The state fire administrator is hereby directed to issue a report to the governor, speaker of the assembly, temporary president of the senate, chairman of the assembly transportation committee and the chair- man of the senate transportation committee by [April first] FEBRUARY FIFTEENTH of each year on the operations of the program set forth in this section. 4. The state fire administrator shall promulgate such rules and regu- lations as are necessary to carry out the provisions of this section. S 4. Subdivision 8 of section 156-c of the executive law, as amended by chapter 583 of the laws of 2006, is amended to read as follows: 8. a. To enforce the provisions of this section, the commissioner of taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA- TOR may take administrative action imposing the civil penalties and suspensions authorized by subdivision five of this section. In addition, the attorney general may bring an action on behalf of the people of the state of New York to enjoin acts in violation of this section and to recover any civil penalties unless civil penalties have been previously recovered in such administrative proceedings. b. Any enforcement officer as defined in section thirteen hundred ninety-nine-t of the public health law shall have the power to impose upon any retail dealer the civil penalties authorized by subdivision five of this section, following a hearing conducted in the same manner as hearings conducted under article thirteen-E of the public health law. c. To enforce the provisions of this section, the commissioner of taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA- TOR, or their duly authorized representatives, are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of ciga- rettes in any such premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the commissioner of taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA- TOR, and their duly authorized representatives, the means, facilities
and opportunity for such examinations as are herein provided for and required. d. Whenever any police officer designated in section 1.20 of the crim- inal procedure law or a peace officer designated in subdivision four and subdivision seventy-nine pertaining to the [Department of State's] Office of Fire Prevention and Control, of section 2.10 of such law, acting pursuant to his or her special duties, shall discover any ciga- rettes which have not been marked in the manner required by subdivision six of this section, such officer is hereby authorized and empowered to seize and take possession of such cigarettes. Such seized cigarettes shall be turned over to the commissioner of taxation and finance, and shall be forfeited to the state. Cigarettes seized pursuant to this section shall be destroyed. e. The [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE STATE FIRE ADMINISTRATOR, and the commissioner of taxation and finance are hereby authorized to promulgate such regulations as are deemed necessary to implement the provisions of this section. S 5. Subdivision 2 of section 159 of the executive law, as added by section 29-b of part B of chapter 56 of the laws of 2010, is amended to read as follows: 2. The council shall be composed of the state fire administrator, as chair, or his or her designee, and twelve other members appointed as follows: six members appointed by the governor; two members appointed by the temporary president of the senate; one member appointed by the minority leader of the senate; two members appointed by the speaker of the assembly; one member appointed by the minority leader of the assem- bly. [Members of the fire safety advisory board, the arson board and the firefighting and code enforcement personnel standard and education commission may be appointed to this advisory council.] S 6. Subdivision 2 of section 711 of the executive law, as added by section 2 of part B of chapter 1 of the laws of 2004, is amended to read as follows: 2. The [director] COMMISSIONER shall appear and give testimony before the annual legislative hearing on public protection held jointly by the assembly committee on ways and means and the senate finance committee as provided for in section three of article VII of the New York state constitution and section thirty-one of the legislative law. S 7. Section 209-e of the general municipal law, as amended by chapter 225 of the laws of 1979, subdivisions 1 and 2 as amended by section 45 of part B of chapter 56 of the laws of 2010 and subdivision 8 as added by chapter 827 of the laws of 1987, is amended to read as follows: S 209-e. Fire mobilization and mutual aid plan. 1. Plan. The state fire administrator shall prepare a state fire mobilization and mutual aid plan which may provide for the establishment of fire mobilization and mutual aid zones of the state. Upon filing of the plan in the office of fire prevention and control such plan shall become the state fire mobilization and mutual aid plan. Such plan may be amended from time to time in the same manner as originally adopted. 2. Regional fire administrators. The state fire administrator may appoint and remove a regional fire administrator for each fire mobiliza- tion and mutual aid zone established pursuant to the state fire mobili- zation and mutual aid plan. Before he OR SHE enters on the duties of the office, each regional fire administrator shall take and subscribe before an officer authorized by law to administer oaths the constitutional oath of office, which shall be administered and certified by the officer
taking the same without compensation and shall be filed in the office of [fire prevention and control] THE SECRETARY OF STATE. 3. Regulations. The COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE state fire administra- tor, may make regulations and issue orders which he OR SHE may deem necessary to implement the state fire mobilization and mutual aid plan and carry out the purposes of this section. 4. Powers. Whenever a county, city, town, village or fire district shall request, or whenever the governor shall determine that the public interest so requires, the state fire administrator shall possess and exercise the powers, functions and duties set forth in the state fire mobilization and mutual aid plan. 5. Standard thread. The state fire mobilization and mutual aid plan shall prescribe a standard hose thread for the state, and each county, city, town, village or fire district not equipped with the same may be required either to recut its threads to such standard or provide adapt- ers whereby the same may be brought to such standards. 6. Records. The state fire administrator shall keep a permanent public record of the activations of the state fire mobilization and mutual aid plan, showing how, when and where it was activated and when such acti- vation was terminated. 7. Reimbursement of assisting municipal corporations or fire districts. Whenever the governor activates the state fire mobilization and mutual aid plan pursuant to subdivision four of this section, claims submitted by an assisting municipal corporation or fire district for expenses allowed by subdivision two of section two hundred nine-g of this article made in performance of its duties on behalf of a receiving municipality or fire district pursuant to such plan may be reimbursed in the first instance by the state from any local assistance appropriation established for such purpose. Reimbursements of such claims from such appropriation may be made only upon certification of such claim by the state fire administrator to the state comptroller and audit of such claim by the state comptroller prior to payment. Expenditures for such reimbursements from such appropriation shall be considered a liability for outside aid as described in section two hundred nine-g of this arti- cle and shall be repaid by the municipality or fire district receiving assistance pursuant to the state fire mobilization and mutual aid plan. 8. Hazardous materials incident plan. The state fire administrator shall prepare a hazardous materials incident plan which shall complement and become a part of the plan required by subdivision one of this section. The plan shall provide for the mobilization and coordination of fire service resources in response to emergencies which involve or may involve hazardous materials and shall establish hazardous materials incidents response zones and criteria for recognized regional hazardous materials incidents response teams. The office of fire prevention and control, by and through the state fire administrator or his OR HER duly authorized officers and employees, is authorized to approve grants of funds from monies allocated and appropriated therefor for expenditures of municipal corporations for hazardous materials incidents planning and equipment, pursuant to applicable rules and regulations promulgated by the [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECU- RITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE STATE FIRE ADMIN- ISTRATOR, and approved by the director of the budget. S 8. Paragraph a of subdivision 2 of section 209-f of the general municipal law, as amended by chapter 1003 of the laws of 1965, is amended to read as follows:
a. Notwithstanding any inconsistent provision of law, general, special or local, the sheriff of any county may, when the public interest requires it, declare a state of special emergency in any part or parts of his county where the public peace is threatened or where life or property may be endangered, after first advising the governor, by tele- gram [addressed to the governor at the executive offices in the city of Albany, New York,], FACSIMILE OR OTHER ELECTRONIC MEANS that he is about to do so. S 9. Section 209-g of the general municipal law, as amended by chapter 699 of the laws of 1956, subdivision 3 as amended by chapter 312 of the laws of 1963 and subdivision 5 as amended by chapter 1003 of the laws of 1968, is amended to read as follows: S 209-g. Liability for outside aid. 1. Notwithstanding any inconsist- ent provision of law, general, special or local, any county, city, town, village or fire district requesting fire aid pursuant to section two hundred nine-e of this [chapter] ARTICLE or any county, city, town or village requesting police aid pursuant to section two hundred nine-f of this [chapter] ARTICLE, shall be liable and responsible to the assisting municipal corporation or fire district for any loss of or damage to apparatus or equipment or supplies and shall bear and pay the expense incurred in the operation and maintenance of any apparatus or equipment and the cost of materials and supplies used or consumed in rendering such aid and assistance, but such liability and responsibility shall not apply or extend to apparatus, equipment, materials and supplies owned or supplied by the state. 2. The state or assisting municipal corporation or fire district in such case shall be liable for salaries or other compensation to the assisting forces furnished during the time they shall not be performing their duties for the state or for the assisting municipal corporation or fire district and shall defray the actual traveling and maintenance expense of such assisting forces while they are rendering such aid and assistance, but the receiving municipal corporation or fire district shall reimburse the assisting municipal corporation or fire district for any moneys paid for such salaries or other compensation and traveling and maintenance expense. Any such claim for loss, damage, expense or cost shall not be allowed unless within sixty days after the same shall have been sustained or incurred a written notice of such claim, under oath, itemizing such loss, damage, expense or cost, is served by mail or otherwise upon the comptroller or chief fiscal officer of such receiving municipal corporation or fire district. An assisting municipal corpo- ration or fire district may assume any such loss, damage, expense or cost or loan such equipment and apparatus or donate such services to the receiving municipal corporation or fire district without charge or cost. 3. A county, city, town, village or fire district shall be liable for all payments to be made to or on behalf of injured volunteer [firemen] FIREFIGHTERS or to representatives of deceased volunteer [firemen] FIRE- FIGHTERS pursuant to and in accordance with the provisions of the volun- teer [firemen's] FIREFIGHTERS' benefit law. The amount so paid by a town shall be assessed in the manner provided in such law. 4. Neither the state nor the civil or political subdivision of the state whose police or fire forces or employees are engaged in rendering such outside aid and assistance pursuant to any request for aid and assistance or pursuant to direction of the governor or other official or agency authorized by, or pursuant to law so to direct shall be liable or accountable in any way or on account of any act or omission on the part of any officer or member of such forces or of any such employee while so
engaged or for or on account of the operation, maintenance or use of any apparatus, equipment, materials or supplies in connection therewith, nor shall any sheriff be held liable or accountable in any way for or on account of any act or omission on the part of any of his OR HER deputies within or without the county of their appointment where such deputies are under the command of an officer other than himself OR HERSELF. 5. Notwithstanding any inconsistent provision of law, general, special or local, (a) any county whose sheriff, or in the county of Nassau the county executive, declared a state of special emergency within his OR HER county pursuant to section two hundred nine-f of this [chapter] ARTICLE, which resulted in men OR WOMEN and/or equipment being furnished by the sheriff of another county for use in the county of the sheriff, or in the county of Nassau the county executive, declaring the state of emergency, shall be liable and responsible to the county of the assist- ing sheriff for salaries or other compensation paid or due the persons comprising the assisting forces during the time they were engaged in performing services in the county of the requesting sheriff, or in the county of Nassau the county executive, and for all loss or damage to apparatus, equipment and supplies used or consumed by the persons comprising such assisting forces in rendering aid and assistance in the county of the requesting sheriff, or in the county of Nassau the county executive, provided an itemized claim therefor is submitted in writing to the chief fiscal officer of the county of the requesting sheriff, or in the county of Nassau the county executive, within sixty days after the termination of such an emergency. An assisting county may, however, assume any such cost, loss or damage, and all payments made or to be made to or on behalf of such persons comprising such assisting forces or to representatives of deceased persons who comprised such assisting forces pursuant to and in accordance with the provisions of any applica- ble law, rule or ordinance, including the workmen's compensation law which shall be deemed to be applicable. Neither the county whose sheriff responded with men and/or equipment to a request for assistance made by another sheriff who declared a state of special emergency, or in the county of Nassau the county executive, nor a responding sheriff or employee of the responding county, shall be liable or accountable in any way for any act or omission on the part of any person during the contin- uance of any such emergency, including but not restricted to the opera- tion, maintenance or use of any apparatus, equipment or supplies in connection therewith, nor shall any sheriff be held liable or account- able in any way for or on account of any act or omission on the part of any of his OR HER deputies within or without the county of their appointment where such deputies are under the command of any person other than himself OR HERSELF, and (b) the city, town or village receiv- ing police aid pursuant to section two hundred nine-f of this [chapter] ARTICLE shall assume the liability for all damages arising out of any act performed in rendering such aid and shall reimburse the assisting city, town, village, parkway police force, state park police force and/or county police department for any moneys paid by it for salaries or for other expenses incurred by it, including damage to or loss of equipment and supplies. An assisting city, town, village, parkway police force, state park police force and/or county police department may, however, assume in whole or in part any such cost, loss, damage or other cost or charge sustained or suffered by it which is applicable to its rendering such aid, by taking appropriate action to accomplish the same, and the county of the receiving city, town or village may, by appropri- ate action, elect to obligate itself to pay all or part of any money
which such receiving municipality is obliged to pay arising out of and applicable to its having received such aid, and (c) a regular, part time or special deputy sheriff of a county shall not, for any reason, lose or forfeit any right, benefit or privilege which he OR SHE would have had in the county of his OR HER residence by becoming and/or acting as an emergency special deputy sheriff of another county during an emergency. 6. THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN CONSULTATION WITH THE STATE FIRE ADMINISTRATOR, MAY PROMUL- GATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PURPOSE AND PROVISIONS OF THIS SECTION. S 10. Section 209-w of the general municipal law, as added by chapter 369 of the laws of 1976, subdivisions 1 and 5 as amended by chapter 225 of the laws of 1979, is amended to read as follows: S 209-w. Permanent appointment of fire fighters; completion of train- ing program. 1. Notwithstanding the provisions of any general, special, or local law or charter to the contrary, no person shall, after the effective date of regulations adopted by the [governor pursuant to section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive law, receive an original appointment on a permanent basis as a fire fighter of any coun- ty, city, town, village, or fire district unless such person has previ- ously been awarded a certificate by the state fire administrator attest- ing to his OR HER satisfactory completion of an approved fire basic training program; and every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as a fire fighter of any county, city, town, village or fire district shall forfeit his OR HER position as such unless he OR SHE previously has satisfactorily completed, or within the time prescribed by regulations promulgated by the [governor pursuant to section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive law, satisfactorily completes, a fire basic training program for temporary or probationary fire fighters and is awarded a certificate by the state fire administrator attesting thereto. 2. The term fire fighter, as used in this section, shall mean a member of a fire department whose duties include fire service as the phrase fire service is defined in paragraph d of subdivision eleven of section three hundred two of the retirement and social security law. 3. Nothing in this section shall be construed to exempt any fire fighter or other officer or employee from the provisions of the civil service law. 4. The provisions of this section shall not prevent the establishment of more restrictive local requirements for appointment of fire fighters. 5. Any person whose name was on an eligible list for appointment in the competitive class of the civil service as a fire fighter on the effective date of any rules and regulations promulgated by the [governor pursuant to section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive law shall continue to remain eligible for permanent appointment from such list during the life of such list without satisfying the requirements set forth in subdivision one of this section, provided he OR SHE would otherwise have remained eligible for permanent appointment from such list if this section had not been enacted. 6. The provisions of this section shall not apply to appointments made by any county, city, town, village or fire district which employs five or fewer fire fighters. S 11. This act shall take effect immediately.
PART B Section 1. The executive law is amended by adding a new section 29-j to read as follows: S 29-J. ACCEPTANCE OF GIFTS. 1. THE STATE OFFICE OF EMERGENCY MANAGE- MENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY ACCEPT ANY ASSISTANCE, INCLUDING BUT NOT LIMITED TO GIFTS OR GRANTS OF REAL OR PERSONAL PROPERTY, BUT NOT INCLUDING MONEY, FROM ANY PUBLIC OR PRIVATE SOURCE FOR THE PURPOSE OF PREPARING FOR, RESPONDING TO, OR RECOVERING FROM A STATE DISASTER EMERGENCY. SUCH ASSISTANCE MAY BE USED TO SUPPORT STATE AND LOCAL DISASTER OPERATIONS OR DISTRIBUTED TO DISAS- TER RESPONSE ORGANIZATIONS SUPPORTING LOCAL DISASTER RESPONSE OPER- ATIONS. TO THE EXTENT PRACTICABLE, THE OFFICE OF EMERGENCY MANAGEMENT SHALL DISTRIBUTE SUCH ASSISTANCE IN CONSULTATION WITH LOCAL GOVERNMENTS, NOT-FOR-PROFIT ORGANIZATIONS, AND OTHER DISASTER RESPONSE ORGANIZATIONS THAT HAVE EXPERIENCE RESPONDING TO STATE DISASTER EMERGENCIES. 2. THE STATE OFFICE OF EMERGENCY MANAGEMENT SHALL MAINTAIN A DATABASE OF ALL ASSISTANCE ACCEPTED DURING THE STATE DISASTER EMERGENCY AND SHALL MAKE SUCH INFORMATION AVAILABLE TO THE PUBLIC ON ITS WEBSITE. THE DATA- BASE SHALL INCLUDE, BUT IS NOT LIMITED TO, THE NAME OF THE DONOR, TYPE OF ASSISTANCE PROVIDED, VALUE OF THE ASSISTANCE, RECIPIENT OF THE ASSISTANCE (IF AVAILABLE), DATE OF THE DONATION AND DATE OF DISTRIB- UTION. 3. THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT, IN CONSULTATION WITH THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION. S 2. This act shall take effect immediately. PART C Section 1. Section 29-i of the executive law, as added by section 1 of part V of chapter 55 of the laws of 2013, is amended to read as follows: S 29-i. Immunity from liability for emergency alerts. Any provider of mobile services, as defined in 47 U.S.C. 153, including its officers, directors, employees, AFFILIATES, vendors and agents, acting on behalf of the state, AND ANY THIRD-PARTY INTERMEDIARY TRANSMISSION SERVICE PROVIDER, INCLUDING SUCH THIRD-PARTY INTERMEDIARY TRANSMISSION SERVICE PROVIDER'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND AGENTS, ACTING DIRECTLY OR INDIRECTLY ON BEHALF OF THE STATE OR ON BEHALF OF ANY SUCH PROVIDER OF MOBILE SERVICES, that transmits emergency alerts similar to those described in 47 CFR 10.10 and 10.400, OR THAT TRANSMITS ANY OTHER TYPE OR FORM OF EMERGENCY ALERT MESSAGES, shall not be liable for any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert, provided that such provider, officer, director, employee, AFFILIATE, vendor or agent acted reasonably and in good faith. S 2. This act shall take effect immediately. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through C of this act shall be as specifically set forth in the last section of such Parts.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus