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S2799Senate2013-2014 Session

Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

Sponsor Greg BallSD-40Affects Finance
Status
In Senate Committee
Finance
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Finance

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Sponsors

Primary sponsor
Greg Ball

Senator · Senate District 40

Chair, Veterans, Homeland Security And Military Affairs

No co-sponsors yet.

History

  1. Reported and committed to finance
  2. Referred to veterans, homeland security and military affairs
  3. Referred to veterans, homeland security and military affairs

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2799

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, film 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 6/16/11 Committed Discharged and Committed to Rules 6/6/12 Reported and Committed to Finance

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.