Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 14, 2016 |
referred to higher education delivered to assembly passed senate |
Jun 08, 2016 |
ordered to third reading cal.1537 |
Jun 07, 2016 |
reported and committed to rules |
May 23, 2016 |
reported and committed to finance |
Jan 06, 2016 |
referred to veterans, homeland security and military affairs returned to senate died in assembly |
Jun 11, 2015 |
referred to higher education delivered to assembly passed senate |
Jun 10, 2015 |
ordered to third reading cal.1444 committee discharged and committed to rules |
Jun 01, 2015 |
reported and committed to finance |
Jan 21, 2015 |
referred to veterans, homeland security and military affairs |
Senate Bill S2160
2015-2016 Legislative Session
Enacts the engineers', architects', landscape architects' and land surveyors' good samaritan act
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 14, 2016
aye (60)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (1)
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Floor Vote: Jun 11, 2015
aye (60)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (1)
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May 23, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
S216012Aye0Nay1Aye with Reservations0Absent0Excused0AbstainedJun 1, 2015 - Veterans, Homeland Security And Military Affairs Committee Vote
S216011Aye0Nay1Aye with Reservations0Absent0Excused0AbstainedJun 8, 2016 - Rules Committee Vote
S216023Aye0Nay1Aye with Reservations0Absent1Excused0Abstained-
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Rules Committee Vote: Jun 8, 2016
aye (23)aye wr (1)excused (1)
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Jun 10, 2015 - Rules Committee Vote
S216023Aye1Nay0Aye with Reservations0Absent1Excused0Abstained-
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Rules Committee Vote: Jun 10, 2015
aye (23)nay (1)excused (1)
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Jun 7, 2016 - Finance Committee Vote
S216035Aye0Nay1Aye with Reservations0Absent1Excused0Abstained-
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Finance Committee Vote: Jun 7, 2016
aye (35)aye wr (1)excused (1)
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co-Sponsors
(D) Senate District
(R, C) Senate District
(R, C) 7th Senate District
(R, C, IP) Senate District
(D, WF) Senate District
2015-S2160 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2258
- Current Committee:
- Assembly Higher Education
- Law Section:
- Executive Law
- Laws Affected:
- Add ยง29-f, Exec L
- Versions Introduced in Other Legislative Sessions:
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2009-2010:
S3720, A1269
2011-2012: S4508, A3884
2013-2014: S3942, A4380
2017-2018: S2243, A5163
2019-2020: A4094
2015-S2160 (ACTIVE) - 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.
2015-S2160 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2160 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: Section one 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. Section two provides that the act shall take effect immediately. 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: 2013-2014: S.3942-A 2011-2012: S.4508 FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Immediately.
2015-S2160 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2160 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty 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: 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06422-01-5
S. 2160 2 (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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