senate Bill S3942A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4380B
Versions:
S3942
S3942A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add ยง29-f, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4508, A3884
2009-2010: S3720A, A1269A
2007-2008: S5557, A821

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3942--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07591-04-3

S. 3942--A                          2

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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