WeVote
Log In

Bill

Bill

S 8840

Enacts the New York emergency responder act

2025 Regular Session Introduced by Kevin Parker and 1 co-sponsor

Provides civil liability shield for voluntary or contracted emergency helpers during declared emergencies, with key exceptions for gross negligence or misconduct.

1ST REPORT CAL.1164
0
WeVote Research Nonpartisan
Bill Summary · S 8840

Overview

  • Bill: S 8840
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Enacts the New York emergency responder act
  • Introduced: January 8, 2026
  • Primary sponsor: Sen. Scarcella-Spanton (co-sponsor: Sen. Jessica Scarcella-Spanton; Sen. Kevin Parker)
  • Committee: Veterans, Homeland Security and Military Affairs
  • Status: Referred to committee; 1st report filed

Primary purpose

The New York emergency responder act establishes a framework to provide limited civil liability protections for individuals and entities that voluntarily or contractually furnish emergency assistance during declared emergencies or disasters within the state. The core aim is to remove barriers to offering timely aid by clarifying when such responders are protected from civil damages, except in cases of gross negligence, reckless or intentional misconduct.

Key provisions and changes

  • Section 29-f creates and defines the New York emergency responder act, including:
    • Definitions of important terms (public official, public safety official, law enforcement official, code enforcement official, declared emergency, municipal corporation, state department, state authority, local authority, school district, special district, emergency assistance).
    • A broad scope for who may provide emergency assistance (voluntary at the request of officials or contractual assistance with public entities or districts; includes a wide range of entities and professionals).
  • Civil liability shield:
    • Provides that any person, corporation, or other entity providing emergency assistance (voluntary or under contract) and their employees/agents shall not be liable for civil damages for injuries arising from acts of commission or omission in the course of rendering emergency assistance.
    • Liability protections apply unless injuries result from gross negligence, reckless, wanton, or intentional misconduct by the provider, directly or indirectly related to the emergency assistance.
  • Time frame for protections:
    • Protections apply during the period ending later of (i) sixty days after the emergency is terminated, or (ii) thirty days after written notice to the provider that emergency assistance is completed.
  • Exclusions and limits:
    • Protections do not apply if:
    • The assistance was performed under a separate written agreement whose primary purpose is permanent repair or restoration after the emergency (i.e., ongoing permanent remedies).
    • The person/entity is primarily in the business of providing emergency first responder services or manufacturers of emergency response equipment.
    • The disaster or emergency was caused by the negligence or willful misconduct of the provider.
    • The protections do not affect:
    • Volunteer emergency response rights under authorized community or state/federal programs.
    • Worker’s compensation and related benefits rights.
  • Other notes:
    • The act clarifies that requesting states or localities that sought services does not affect liability protections.
    • It preserves existing rights for individuals to seek workers’ compensation.

Who/what would be affected

  • Beneficiaries:
    • Individuals and entities that provide emergency assistance on a voluntary basis or under contract to public officials, public safety officials, law enforcement officials, code enforcement officials, municipal corporations, state departments/authorities, local authorities, school districts, or special districts.
    • Volunteers and staff operating under community emergency response programs, state emergency management agencies, or federally funded programs are protected, to the extent not overridden by other law.
  • Non-beneficiaries or limited exclusions:
    • Entities whose primary business is emergency first-responder services or manufacturing emergency response equipment are not covered.
    • Entities whose negligence or willful misconduct caused or substantially contributed to the emergency remain potentially liable.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • Application window: Civil liability protections are in effect from the start of the emergency up to the later of:
    • Sixty days after the emergency declaration ends, or
    • Thirty days after written notice that emergency assistance is completed.
  • Relationship to existing remedies:
    • The act does not diminish workers’ compensation rights.
    • Where separate written agreements exist for long-term permanent repairs, those arrangements may limit liability protections.

Practical implications

  • The bill seeks to encourage rapid, broad participation in emergency response by reducing fear of civil liability for those helping during disasters.
  • It provides a balanced framework by carving out exceptions for gross negligence, reckless or intentional misconduct, and by excluding certain professional manufacturers and purely first-responder-focused providers.
  • It clarifies which public and private actors are protected and under what conditions, helping to delineate responsibility during emergencies.

If you’d like, I can tailor this summary for a specific audience (e.g., policymakers, public officials, or the general public) or add a side-by-side comparison with existing New York liability standards during emergencies.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.