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

                                  7971

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  SCHIMEL, GOLDFEDER, WEINSTEIN,
  HENNESSEY, GLICK, LUPARDO, LIFTON, CUSICK, TITONE,  GALEF,  WEISENBERG
  --  Multi-Sponsored  by  --  M. of A.   ABINANTI, BENEDETTO, BUCHWALD,
  FAHY, HEVESI, KIM, MAGNARELLI, MARKEY, McDONALD, MOYA, PEOPLES-STOKES,
  ROBERTS, SIMANOWITZ, SKOUFIS -- (at request of the Governor)  --  read
  once and referred to the Committee on Governmental Operations

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12030-02-3
              

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  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-

A. 7971                             3

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

A. 7971                             4

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

A. 7971                             5

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

A. 7971                             6

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.

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  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

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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

A. 7971                             9

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.

A. 7971                            10

  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,

A. 7971                            11

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.