NY State Senate Bill 2017-S2243

Senate Bill S2243

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 31, 2018	advanced to third reading
May 30, 2018	2nd report cal.
May 22, 2018	1st report cal.1335
Jan 22, 2018	reported and committed to finance
Jan 03, 2018	referred to veterans, homeland security and military affairs returned to senate died in assembly
Jun 13, 2017	referred to higher education delivered to assembly passed senate
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.747
Mar 15, 2017	reported and committed to finance
Jan 12, 2017	referred to veterans, homeland security and military affairs

Votes

- Jun 13, 2017 - Floor Vote
  S2243
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (3)
      
      DeFrancisco
      
      Hoylman-Sigal
      
      Ranzenhofer
  Jan 22, 2018 - Veterans, Homeland Security And Military Affairs Committee Vote
  S2243
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Jan 22, 2018
      
      aye (13)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.
  Mar 14, 2017 - Veterans, Homeland Security And Military Affairs Committee Vote
  S2243
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 14, 2017
      
      aye (13)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.
  May 22, 2018 - Finance Committee Vote
  S2243
  
  33
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 22, 2018
      
      aye (33)
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Parker
      
      Peralta
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Robach
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (1)
      
      Krueger
      
      aye wr (3)
      
      Bailey
      
      Ranzenhofer
      
      Savino
  May 2, 2017 - Finance Committee Vote
  S2243
  
  35
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 2, 2017
      
      aye (35)
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Diaz
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Bailey
      
      excused (1)
      
      Parker

co-Sponsors

2017-S2243 (ACTIVE) - Details

See Assembly Version of this Bill:: A5163
Current Committee:: Senate Rules
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
2015-2016: S2160, A2258
2019-2020: A4094

2017-S2243 (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.

2017-S2243 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2243

 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 :

2015-2016: S.2160 - Passed Senate, died in Assembly
2013-2014: S.3942-A - Passed senate, died in Assembly (2014)
2011-2012: S.4508

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S2243 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2243
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security 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:
   §  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.

                                                            LBD02906-01-7

 S. 2243                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S2243

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