Bill Text: NJ A3694 | 2012-2013 | Regular Session | Amended
Bill Title: Grants immunity from liability for certain professional services rendered during emergencies under certain circumstances.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Enrolled - Dead) 2014-01-21 - Pocket Veto - Bills not Acted on by Governor-end of Session [A3694 Detail]
Download: New_Jersey-2012-A3694-Amended.html
ASSEMBLY, No. 3694
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED JANUARY 14, 2013
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblywomen Handlin and Jasey
SYNOPSIS
Grants immunity from liability for certain professional services rendered during emergencies under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Regulated Professions Committee on November 18, 2013, with amendments.
An Act concerning immunity from liability for certain professional services rendered during an emergency and supplementing Title 1[2A] 591 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other provision of law to the contrary, an architect licensed pursuant to R.S.45:3-1 et seq. or a professional engineer licensed pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) shall 1be considered a public employee of a public entity pursuant to N.J.S. 59:1-1 et seq. and shall1 not be 1personally1 liable for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering, respectively, if 1the practice of architecture or engineering was performed1:
a. 1[The act, error, or omission was not wanton, willful, or grossly negligent; and
b. The practice of architecture or engineering was performed:
(1) Voluntarily] voluntarily1 and without compensation;
1[(2) At] b. at1 the request of a public safety official, acting in an official capacity; and
1[(3) At] c. at1 the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor's emergency executive powers.
As used in this section, "public safety official" means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.
12. An architect or professional engineer shall not be considered an employee of a public entity pursuant to N.J.S.59:1-1 et seq. and shall not have the immunity protection provided by section 1 of this act if:
a. the architect or professional engineer, or a private entity for which the architect or engineer is employed, has any existing contract for services with the public entity, other than the State of New Jersey, whose public safety officer made the request for architectural or engineering services provided under section 1 of this act;
b. the architect or professional engineer, or a private entity for which the architect or engineer is employed, enters into any contract for services that involve the performance of any additional architectural or engineering services related to the voluntary, uncompensated services performed for the public entity whose public safety officer made the request for architectural or engineering services provided under section 1 of this act; or
c. the act or omission by the architect or engineer does not require the public entity to defend and indemnify a public employee pursuant to N.J.S.59:10-1 or N.J.S.59:10-2.1
1[2.] 3.1 This act shall take effect immediately.
