Bill Text: NY S02243 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "engineers', architects', landscape architects' and land surveyors' good samaritan act" to protect from liability for personal injury, wrongful death, property damage or other loss, professional engineers, architects, landscape architects and land surveyors who render voluntary services, without compensation acting reasonably and in good faith, at the scene of a natural disaster or catastrophe.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02243 Detail]
Download: New_York-2017-S02243-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2243 2017-2018 Regular Sessions IN SENATE January 12, 2017 ___________ Introduced by Sens. HANNON, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs AN ACT to amend the executive law, in relation to enacting the "engi- neers', architects', landscape architects' and land surveyors' good samaritan act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 29-f 2 to read as follows: 3 § 29-f. Engineers', architects', landscape architects' and land 4 surveyors' good samaritan act. 1. As used in this section: 5 (a) "Professional engineer" shall mean a person duly licensed under 6 the education law as a professional engineer. 7 (b) "Architect" shall mean a person duly licensed under the education 8 law as an architect. 9 (c) "Landscape architect" shall mean a person duly licensed under the 10 education law as a landscape architect. 11 (d) "Land surveyor" shall mean a person duly licensed under the educa- 12 tion law as a professional land surveyor. 13 (e) "Public official" shall mean any federal, state or locally elected 14 official with executive responsibility in the jurisdiction in which the 15 emergency or event has occurred. 16 (f) "Public safety official" shall mean any appointed or elected 17 federal, state or local official with executive responsibility to coor- 18 dinate public safety in the jurisdiction in which the emergency or event 19 has occurred. 20 (g) "Law enforcement official" shall mean any appointed or elected 21 federal, state or local official with executive responsibility to coor- 22 dinate law enforcement in the jurisdiction in which the emergency or 23 event has occurred. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02906-01-7S. 2243 2 1 (h) "Building inspection official" shall mean any appointed or elected 2 federal, state or local official with executive responsibility to coor- 3 dinate building inspection in the jurisdiction in which the emergency or 4 event has occurred. 5 2. A professional engineer, architect, landscape architect or land 6 surveyor who voluntarily, without compensation, other than reimbursement 7 of expenses, acting reasonably and in good faith, provides structural, 8 electrical, mechanical, or other engineering, architectural, landscape 9 architectural or land surveying services arising from or in connection 10 with a response to or recovery or relief from a declared national, state 11 or local disaster or emergency, whether natural or man-caused, such as, 12 without limitation, an earthquake, hurricane, tornado, fire, explosion, 13 flood, tropical storm, collapse, or other similar disaster or 14 catastrophic event, at the request or with the consent or approval of a 15 national, state or local public official, law enforcement official, 16 public safety official or building inspection official acting in an 17 official capacity, shall not be subject to or liable for any claim for 18 personal injury, wrongful death, property damage or other loss caused by 19 the professional engineer's, architect's, landscape architect's or land 20 surveyor's acts, errors or omissions in the performance of any engineer- 21 ing, architectural, landscape architectural or land surveying services 22 arising from or in any way related to the declared disaster or emergen- 23 cy, except as set forth in paragraph (b) of this subdivision. 24 (a) The immunity provided in this section shall apply only to a volun- 25 tary engineering, architectural, landscape architectural or land survey- 26 ing service that occurs during or within ninety days after the termi- 27 nation of the declared emergency, disaster or catastrophic event, unless 28 extended by an executive order issued by the governor under the gover- 29 nor's emergency executive powers. 30 (b) The immunity provided in this subdivision shall apply in all 31 cases, except upon a showing that a voluntary engineering, architec- 32 tural, landscape architectural or land surveying service furnished for 33 or in connection with a response to or recovery or relief from a 34 declared national, state or local disaster or emergency was performed in 35 a manner that constitutes wanton, willful or intentional misconduct, or 36 gross negligence. 37 (c) Where a professional engineer, architect, landscape architect or 38 land surveyor voluntarily renders services at the request of a state or 39 local employee or official and where such services fall within the ambit 40 of the immunity provided in this section, the liability of the state or 41 locality, if any, which requested the services shall not be affected by 42 the provisions of this section. 43 § 2. This act shall take effect immediately.
