Bill S3942A-2013

Enacts the engineers', architects', landscape architects' and land surveyors' good samaritan act

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.

Details

Actions

  • Jun 12, 2014: referred to codes
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.724
  • Feb 4, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jun 17, 2013: PRINT NUMBER 3942A
  • Jun 17, 2013: AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Feb 27, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Feb 4, 2014
Ayes (12): Ball, Carlucci, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Avella, Sanders, Tkaczyk
Ayes W/R (1): Gipson

Memo

BILL NUMBER:S3942A

TITLE OF BILL: An act to amend the executive law, in relation to enacting the "engineers', architects', landscape architects' and land surveyors' good samaritan act"

PURPOSE: To provide professional engineers, architects, landscape architects and land surveyors immunity from liability for providing volunteer services during times of crisis and catastrophe. Such immunity would not be applied in cases of wanton, willful, or intentional misconduct, nor to services provided more than 90 days after the termination of the disaster or emergency. This legislation shall not affect the liability of any government which requests a volunteer to perform these services.

SUMMARY OF PROVISIONS: Adds a new section 29-f to the executive law to provide that any engineer, architect, landscape architect and land surveyor who renders services arising from or in connection with a response to or recovery or relief from of a declared national, state or local disaster or emergency shall not be liable for certain damages that may occur.

EXISTING LAW: Currently, engineers, architects, landscape architects and land surveyors are liable for voluntary assistance rendered during emergencies.

JUSTIFICATION: Professional engineers, architects, landscape architects and land surveyors are obligated under the Code of Ethics to dedicate their service to public health, safety, and welfare. In times of natural disasters or other catastrophic events, engineering expertise and skills are needed to provide structural, mechanical, electrical, or other engineering services to determine the integrity of structures, buildings, piping, or other engineered systems. Professional engineers, architects, landscape architects and land surveyors are willing to voluntarily assist their communities, states and the nation in these times of crisis.

Engineers, architects, landscape architects and land surveyors, however, may face substantial liability exposure when performing voluntary services. Twenty-four other states have recognized this liability threat and have enacted laws which provide immunity to some professionals for their voluntary performance of services. Professional liability insurance premiums for engineers, architects, landscape architects and land surveyors have been on the rise and further accelerated by the catastrophic event of September 11th. In light of the 9/11 disaster, it is time that New York State joined in the national efforts to enact "good samaritan" protection laws for professional engineers, architects, landscape architects and land surveyors.

In addition, in the days following Superstorm Sandy, hundreds of architects and engineers were ready to assist the New York City Department of Buildings in assessing storm-battered structures, but without the assurance that their volunteer services would not expose them to future litigation, the architects and engineers were unable to assist New York City employees.

LEGISLATIVE HISTORY: 2007-2008: S.5557 Hannon 2005-2006: S.4237 Hannon

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3942--A 2013-2014 Regular Sessions IN SENATE February 27, 2013 ___________
Introduced by Sens. HANNON, ADDABBO, AVELLA, LANZA, LATIMER, MARTINS, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The executive law is amended by adding a new section 29-f to read as follows: S 29-F. ENGINEERS', ARCHITECTS', LANDSCAPE ARCHITECTS' AND LAND SURVEYORS' GOOD SAMARITAN ACT. 1. AS USED IN THIS SECTION: (A) "PROFESSIONAL ENGINEER" SHALL MEAN A PERSON DULY LICENSED UNDER THE EDUCATION LAW AS A PROFESSIONAL ENGINEER. (B) "ARCHITECT" SHALL MEAN A PERSON DULY LICENSED UNDER THE EDUCATION LAW AS AN ARCHITECT. (C) "LANDSCAPE ARCHITECT" SHALL MEAN A PERSON DULY LICENSED UNDER THE EDUCATION LAW AS A LANDSCAPE ARCHITECT. (D) "LAND SURVEYOR" SHALL MEAN A PERSON DULY LICENSED UNDER THE EDUCA- TION LAW AS A PROFESSIONAL LAND SURVEYOR. (E) "PUBLIC OFFICIAL" SHALL MEAN ANY FEDERAL, STATE OR LOCALLY ELECTED OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED. (F) "PUBLIC SAFETY OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR- DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED. (G) "LAW ENFORCEMENT OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE LAW ENFORCEMENT IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED. (H) "BUILDING INSPECTION OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR- DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT HAS OCCURRED. 2. A PROFESSIONAL ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OR LAND SURVEYOR WHO VOLUNTARILY, WITHOUT COMPENSATION, OTHER THAN REIMBURSEMENT OF EXPENSES, ACTING REASONABLY AND IN GOOD FAITH, PROVIDES STRUCTURAL, ELECTRICAL, MECHANICAL, OR OTHER ENGINEERING, ARCHITECTURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES ARISING FROM OR IN CONNECTION WITH A RESPONSE TO OR RECOVERY OR RELIEF FROM A DECLARED NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY, WHETHER NATURAL OR MAN-CAUSED, SUCH AS, WITHOUT LIMITATION, AN EARTHQUAKE, HURRICANE, TORNADO, FIRE, EXPLOSION, FLOOD, TROPICAL STORM, COLLAPSE, OR OTHER SIMILAR DISASTER OR CATASTROPHIC EVENT, AT THE REQUEST OR WITH THE CONSENT OR APPROVAL OF A NATIONAL, STATE OR LOCAL PUBLIC OFFICIAL, LAW ENFORCEMENT OFFICIAL, PUBLIC SAFETY OFFICIAL OR BUILDING INSPECTION OFFICIAL ACTING IN AN OFFICIAL CAPACITY, SHALL NOT BE SUBJECT TO OR LIABLE FOR ANY CLAIM FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE OR OTHER LOSS CAUSED BY THE PROFESSIONAL ENGINEER'S, ARCHITECT'S, LANDSCAPE ARCHITECT'S OR LAND SURVEYOR'S ACTS, ERRORS OR OMISSIONS IN THE PERFORMANCE OF ANY ENGINEER- ING, ARCHITECTURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES ARISING FROM OR IN ANY WAY RELATED TO THE DECLARED DISASTER OR EMERGEN- CY, EXCEPT AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. (A) THE IMMUNITY PROVIDED IN THIS SECTION SHALL APPLY ONLY TO A VOLUN- TARY ENGINEERING, ARCHITECTURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEY- ING SERVICE THAT OCCURS DURING OR WITHIN NINETY DAYS AFTER THE TERMI- NATION OF THE DECLARED EMERGENCY, DISASTER OR CATASTROPHIC EVENT, UNLESS EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR UNDER THE GOVER- NOR'S EMERGENCY EXECUTIVE POWERS. (B) THE IMMUNITY PROVIDED IN THIS SUBDIVISION SHALL APPLY IN ALL CASES, EXCEPT UPON A SHOWING THAT A VOLUNTARY ENGINEERING, ARCHITEC- TURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICE FURNISHED FOR OR IN CONNECTION WITH A RESPONSE TO OR RECOVERY OR RELIEF FROM A DECLARED NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN A MANNER THAT CONSTITUTES WANTON, WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. (C) WHERE A PROFESSIONAL ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OR LAND SURVEYOR VOLUNTARILY RENDERS SERVICES AT THE REQUEST OF A STATE OR LOCAL EMPLOYEE OR OFFICIAL AND WHERE SUCH SERVICES FALL WITHIN THE AMBIT OF THE IMMUNITY PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE OR LOCALITY, IF ANY, WHICH REQUESTED THE SERVICES SHALL NOT BE AFFECTED BY THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately.

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