2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 209-G - Liability for Outside Aid.

§   209-g.   Liability   for   outside  aid.  1.  Notwithstanding  any
  inconsistent provision of law, general, special or  local,  any  county,
  city,  town,  village  or  fire district requesting fire aid pursuant to
  section two hundred nine-e of this article or any county, city, town  or
  village  requesting police aid pursuant to section two hundred nine-f of
  this article, shall be liable and responsible to the assisting municipal
  corporation or fire district for any loss of or damage to  apparatus  or
  equipment or supplies and shall bear and pay the expense incurred in the
  operation  and maintenance of any apparatus or equipment and the cost of
  materials and supplies used  or  consumed  in  rendering  such  aid  and
  assistance,  but  such  liability  and responsibility shall not apply or
  extend to apparatus, equipment, materials and supplies owned or supplied
  by the state.
2. The state or assisting municipal corporation or  fire  district  in
  such  case  shall  be  liable  for salaries or other compensation to the
  assisting forces furnished during the time they shall not be  performing
  their duties for the state or for the assisting municipal corporation or
  fire  district  and  shall  defray  the actual traveling and maintenance
  expense of such assisting forces while they are rendering such  aid  and
  assistance,  but  the  receiving  municipal corporation or fire district
  shall reimburse the assisting municipal corporation or fire district for
  any moneys paid for such salaries or other  compensation  and  traveling
  and  maintenance  expense.  Any  such claim for loss, damage, expense or
  cost shall not be allowed unless within sixty days after the same  shall
  have  been  sustained  or incurred a written notice of such claim, under
  oath, itemizing such loss, damage, expense or cost, is served by mail or
  otherwise upon the comptroller or chief fiscal officer of such receiving
  municipal  corporation  or  fire  district.   An   assisting   municipal
  corporation  or  fire district may assume any such loss, damage, expense
  or cost or loan such equipment and apparatus or donate such services  to
  the  receiving  municipal corporation or fire district without charge or
  cost.
3. A county, city, town, village or fire district shall be liable  for
  all   payments  to  be  made  to  or  on  behalf  of  injured  volunteer
  firefighters or to representatives of  deceased  volunteer  firefighters
  pursuant  to  and  in  accordance  with  the provisions of the volunteer
  firefighters' benefit law. The  amount  so  paid  by  a  town  shall  be
  assessed in the manner provided in such law.
4.  Neither  the  state  nor the civil or political subdivision of the
  state whose police or fire forces or employees are engaged in  rendering
  such  outside  aid  and  assistance  pursuant to any request for aid and
  assistance or pursuant to direction of the governor or other official or
  agency authorized by, or pursuant to law so to direct shall be liable or
  accountable in any way or on account of any act or omission on the  part
  of any officer or member of such forces or of any such employee while so
  engaged or for or on account of the operation, maintenance or use of any
  apparatus, equipment, materials or supplies in connection therewith, nor
  shall  any  sheriff  be  held liable or accountable in any way for or on
  account of any act or omission on the part of any of his or her deputies
  within or without the county of their appointment  where  such  deputies
  are under the command of an officer other than himself or herself.
5. Notwithstanding any inconsistent provision of law, general, special
  or  local,  (a) any county whose sheriff, or in the county of Nassau the
  county executive, declared a state of special emergency  within  his  or
  her county pursuant to section two hundred nine-f of this article, which
  resulted in men or women and/or equipment being furnished by the sheriff
  of another county for use in the county of the sheriff, or in the county
  of  Nassau the county executive, declaring the state of emergency, shall

  be liable and responsible to the county of  the  assisting  sheriff  for
  salaries  or  other  compensation paid or due the persons comprising the
  assisting forces  during  the  time  they  were  engaged  in  performing
  services  in  the  county of the requesting sheriff, or in the county of
  Nassau the county executive, and for all loss or  damage  to  apparatus,
  equipment  and  supplies used or consumed by the persons comprising such
  assisting forces in rendering aid and assistance in the  county  of  the
  requesting  sheriff,  or  in  the county of Nassau the county executive,
  provided an itemized claim therefor is submitted in writing to the chief
  fiscal officer of the county of the requesting sheriff, or in the county
  of Nassau the county executive, within sixty days after the  termination
  of  such an emergency. An assisting county may, however, assume any such
  cost, loss or damage, and all payments made or  to  be  made  to  or  on
  behalf   of   such  persons  comprising  such  assisting  forces  or  to
  representatives of deceased persons who comprised such assisting  forces
  pursuant to and in accordance with the provisions of any applicable law,
  rule  or ordinance, including the workmen's compensation law which shall
  be deemed to be applicable. Neither the county whose  sheriff  responded
  with  men  and/or  equipment to a request for assistance made by another
  sheriff who declared a state of special emergency, or in the  county  of
  Nassau the county executive, nor a responding sheriff or employee of the
  responding county, shall be liable or accountable in any way for any act
  or omission on the part of any person during the continuance of any such
  emergency, including but not restricted to the operation, maintenance or
  use of any apparatus, equipment or supplies in connection therewith, nor
  shall  any  sheriff  be  held liable or accountable in any way for or on
  account of any act or omission on the part of any of his or her deputies
  within or without the county of their appointment  where  such  deputies
  are  under  the command of any person other than himself or herself, and
  (b) the city, town or village receiving police aid pursuant  to  section
  two  hundred  nine-f  of this article shall assume the liability for all
  damages arising out of any act performed in rendering such aid and shall
  reimburse the assisting city, town, village, parkway police force, state
  park police force and/or county police department for any moneys paid by
  it for salaries or for other expenses incurred by it,  including  damage
  to  or loss of equipment and supplies. An assisting city, town, village,
  parkway police force, state  park  police  force  and/or  county  police
  department may, however, assume in whole or in part any such cost, loss,
  damage  or  other  cost  or  charge sustained or suffered by it which is
  applicable to its rendering such aid, by taking  appropriate  action  to
  accomplish  the  same,  and  the  county  of the receiving city, town or
  village may, by appropriate action, elect to obligate itself to pay  all
  or part of any money which such receiving municipality is obliged to pay
  arising out of and applicable to its having received such aid, and (c) a
  regular,  part time or special deputy sheriff of a county shall not, for
  any reason, lose or forfeit any right, benefit or privilege which he  or
  she  would  have  had  in the county of his or her residence by becoming
  and/or acting as an emergency special deputy sheriff of  another  county
  during an emergency.
6. The commissioner of the division of homeland security and emergency
  services,  in  consultation  with  the  state  fire  administrator,  may
  promulgate rules and regulations necessary to carry out the purpose  and
  provisions of this section.