NY State Senate Bill S2160

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

view votes

Jun 14, 2016 - floor Vote

S2160

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2016 - Rules committee Vote

S2160

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2016 - Finance committee Vote

S2160

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 23, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

S2160

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 11, 2015 - floor Vote

S2160

floor

Aye

Nay

Absent

Excused

Abstained

Jun 10, 2015 - Rules committee Vote

S2160

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 1, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

S2160

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2160 (ACTIVE) - Details

See Assembly Version of this Bill:: A2258
Current Committee:: Assembly Higher Education
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3720, A1269
2011-2012: S4508, A3884
2013-2014: S3942, A4380
2017-2018: S2243, A5163
2019-2020: A4094

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.

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.

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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The New York State Senate

senate Bill S2160

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 23, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: May 23, 2016

Jun 11, 2015 - floor Vote

Floor Vote: Jun 11, 2015

Jun 10, 2015 - Rules committee Vote

Rules Committee Vote: Jun 10, 2015

Jun 1, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 1, 2015

Co-Sponsors

S2160 (ACTIVE) - Details

S2160 (ACTIVE) - Summary

S2160 (ACTIVE) - Sponsor Memo

S2160 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2160

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 23, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: May 23, 2016

Jun 11, 2015 - floor Vote

Floor Vote: Jun 11, 2015

Jun 10, 2015 - Rules committee Vote

Rules Committee Vote: Jun 10, 2015

Jun 1, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 1, 2015

Co-Sponsors

Tony Avella

William J. Larkin, Jr.

Jack M. Martins

Patty Ritchie

Daniel L. Squadron

S2160 (ACTIVE) - Details

S2160 (ACTIVE) - Summary

S2160 (ACTIVE) - Sponsor Memo

S2160 (ACTIVE) - Bill Text download pdf

Comments