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Sponsors
Senator · Senate District 40
1 Co-sponsor
History
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
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 Assembly Committee · Governmental Operations · Sponsor Robert Castelli
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.