S T A T E O F N E W Y O R K
________________________________________________________________________
2258
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, SCHIMEL,
LUPARDO, BROOK-KRASNY, RUSSELL, STIRPE, GALEF, SANTABARBARA, FRIEND,
McDONALD, QUART, MAGNARELLI, TITONE, WEPRIN, PAULIN, CUSICK, LIFTON --
Multi-Sponsored by -- M. of A. BARCLAY, BORELLI, COLTON, HAWLEY,
HEVESI, LAVINE, MALLIOTAKIS, McLAUGHLIN, TENNEY, THIELE, WALTER --
read once and referred to the Committee on Higher Education
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06422-01-5
A. 2258 2
(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.