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Sponsors
2 Multi-sponsors
History
- Held for consideration in governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency
In Senate Committee · Veterans, Homeland Security And Military Affairs · Sponsor Vincent L. Leibell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10455
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
This bill would 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 specific provisions
This bill would amend 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 disas- ter 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 biot- error attack. However, Nassau County could not provide a liability exemption for the university because Nassau County could not assure liability on behalf of the university. As a result, Adelphi could not come to an agreement with Nassau County to allow this point of distrib- ution center on the campus.
This bill seeks to address this type of situation, it would not, howev- er, extend immunity in the event of willful misconduct or gross negli- gence or from events arising out of the operation of motor vehicles. It would, however, provide our first responders and partners in disaster response-with the peace of mind that they can perform their duties with- out the worry that they will be held responsible for unfortunate circum- stances far beyond their control.
Prior legislative history
2006 - S,6914A - Passed Senates; 2007 -S.3641 - Advanced to Third Reading.
Fiscal implications
None Noted.
Effective date
This act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.