Bill Text: NY A04094 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 17-5)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A04094 Detail]
Download: New_York-2019-A04094-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4094 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, LUPARDO, STIRPE, GALEF, SANTABARBARA, FRIEND, QUART, MAGNARELLI, WEPRIN, PAULIN, CUSICK, LIFTON, CROUCH -- Multi-Sponsored by -- M. of A. BARCLAY, COLTON, HAWLEY, HEVESI, MALLIOTAKIS, THIELE -- 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: 1 Section 1. The executive law is amended by adding a new section 29-f 2 to read as follows: 3 § 29-f. Engineers', architects', landscape architects' and land 4 surveyors' good samaritan act. 1. As used in this section: 5 (a) "Professional engineer" shall mean a person duly licensed under 6 the education law as a professional engineer. 7 (b) "Architect" shall mean a person duly licensed under the education 8 law as an architect. 9 (c) "Landscape architect" shall mean a person duly licensed under the 10 education law as a landscape architect. 11 (d) "Land surveyor" shall mean a person duly licensed under the educa- 12 tion law as a professional land surveyor. 13 (e) "Public official" shall mean any federal, state or locally elected 14 official with executive responsibility in the jurisdiction in which the 15 emergency or event has occurred. 16 (f) "Public safety official" shall mean any appointed or elected 17 federal, state or local official with executive responsibility to coor- 18 dinate public safety in the jurisdiction in which the emergency or event 19 has occurred. 20 (g) "Law enforcement official" shall mean any appointed or elected 21 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. LBD08499-01-9A. 4094 2 1 dinate law enforcement in the jurisdiction in which the emergency or 2 event has occurred. 3 (h) "Building inspection official" shall mean any appointed or elected 4 federal, state or local official with executive responsibility to coor- 5 dinate building inspection in the jurisdiction in which the emergency or 6 event has occurred. 7 2. A professional engineer, architect, landscape architect or land 8 surveyor who voluntarily, without compensation, other than reimbursement 9 of expenses, acting reasonably and in good faith, provides structural, 10 electrical, mechanical, or other engineering, architectural, landscape 11 architectural or land surveying services arising from or in connection 12 with a response to or recovery or relief from a declared national, state 13 or local disaster or emergency, whether natural or man-caused, such as, 14 without limitation, an earthquake, hurricane, tornado, fire, explosion, 15 flood, tropical storm, collapse, or other similar disaster or 16 catastrophic event, at the request or with the consent or approval of a 17 national, state or local public official, law enforcement official, 18 public safety official or building inspection official acting in an 19 official capacity, shall not be subject to or liable for any claim for 20 personal injury, wrongful death, property damage or other loss caused by 21 the professional engineer's, architect's, landscape architect's or land 22 surveyor's acts, errors or omissions in the performance of any engineer- 23 ing, architectural, landscape architectural or land surveying services 24 arising from or in any way related to the declared disaster or emergen- 25 cy, except as set forth in paragraph (b) of this subdivision. 26 (a) The immunity provided in this section shall apply only to a volun- 27 tary engineering, architectural, landscape architectural or land survey- 28 ing service that occurs during or within ninety days after the termi- 29 nation of the declared emergency, disaster or catastrophic event, unless 30 extended by an executive order issued by the governor under the gover- 31 nor's emergency executive powers. 32 (b) The immunity provided in this subdivision shall apply in all 33 cases, except upon a showing that a voluntary engineering, architec- 34 tural, landscape architectural or land surveying service furnished for 35 or in connection with a response to or recovery or relief from a 36 declared national, state or local disaster or emergency was performed in 37 a manner that constitutes wanton, willful or intentional misconduct, or 38 gross negligence. 39 (c) Where a professional engineer, architect, landscape architect or 40 land surveyor voluntarily renders services at the request of a state or 41 local employee or official and where such services fall within the ambit 42 of the immunity provided in this section, the liability of the state or 43 locality, if any, which requested the services shall not be affected by 44 the provisions of this section. 45 § 2. This act shall take effect immediately.
