N.Y. GMU Law § 209-BB — New York Code / Act GMU / Article 10 / Section 209-BB
Specialized teams; volunteer wilderness/inland search and rescue teams
Status: in_force

§ 209-bb. Specialized teams; volunteer wilderness/inland search and\nrescue teams. 1. a. By resolution, after a public hearing the governing\nbody of each county, city and town is authorized, respectively, to\nestablish, maintain and supervise municipal-wide and inter-municipal\nspecialized teams.\n  b. Counties, cities and towns are authorized to appropriate and expend\nsuch sums as are deemed necessary to establish and maintain specialized\nteams pursuant to this section.\n  c. Municipalities and organizations that insure volunteer\nfirefighters, volunteer ambulance workers or municipal employees, as the\nterm "employee" is defined under section eighteen of the public officers\nlaw, may extend such insurance coverage to members of a specialized team\nby resolution.\n  d. For the purposes of this section, "specialized teams" shall mean\nany emergency team or squad composed of volunteer firefighters,\nvolunteer ambulance workers or municipal employees, who shall have\nattained the minimum level of training or experience to meet qualifying\nstandards established by the office of fire prevention and control, and\nwhich is administered by the state, a county, city or town for the\npurposes of training for or responding to a man made or natural disaster\nby carrying out any activities which are within the relevant training\nand expertise of such municipal employees or are authorized pursuant to\nthe volunteer firefighters' benefit law or the volunteer ambulance\nworkers' benefit law but which are not normally provided by such\nentities.\n  2. a. The governing body of each county, city, town and village is\nauthorized, respectively, to contract for the assistance of a volunteer\nwilderness/inland search and rescue team for the purpose of locating and\nrescuing an individual or individuals.\n  b. No municipality shall be liable for the injury, death or damage to\na volunteer wilderness/inland search and rescue team or its members\noccurring during the performance of the activities authorized by this\nsection. Such team and its members shall indemnify and hold harmless the\nmunicipality that contracted for assistance with such volunteer\nwilderness/inland search and rescue team pursuant to this section\nagainst any claim of liability for any injury, death or property damage\nthat may occur as a result of an act of such team and its members,\nincluding, but not limited to, any indemnity paid, attorneys' fees,\ncosts and litigation expenses. The provisions of this subdivision shall\nnot apply when the municipality has engaged in willful misconduct, gross\nnegligence or recklessness.\n  c. For purposes of this section, "volunteer wilderness/inland search\nand rescue team" or "team" shall mean an organization: whose members\nhave obtained a minimum level of training or experience as may be\nestablished by the department of environmental conservation's office of\npublic protection; that is formed for the purpose of locating and\nrescuing, or recovering, a known individual or known individuals, in an\nunknown location, whose safety may be threatened by conditions related\nto the environment or other factors; that is incorporated under the laws\nof New York state; and that operates not for pecuniary profit or\nfinancial gain.\n  d. For the purposes of this section, "volunteer wilderness/inland\nsearch and rescue team member" shall mean an active volunteer member of\na volunteer search and rescue team who meets the minimum level of\ntraining or experience pursuant to paragraph c of this subdivision and\nis specified on a list regularly maintained by the volunteer\nwilderness/inland search and rescue team. Such list shall be provided to\na requesting municipality. In addition, for purposes of this section, a\nvolunteer wilderness/inland search and rescue team member shall be an\nindependent contractor and shall not be considered an officer or\nemployee of the contracting municipality.\n  3. Whenever a law enforcement agency or other state agency is engaged\nin a search or rescue operation, any volunteer wilderness/inland search\nand rescue team involved in such operation shall be subject to the\ncommand and control of the law enforcement or other state agency\nconducting such operation.\n