A01269 Summary:

BILL NOA01269A
 
SAME ASSAME AS S03720-A
 
SPONSOREnglebright (MS)
 
COSPNSRRivera J, Schimminger, Perry, Schimel, Lupardo
 
MLTSPNSRBarclay, Christensen, Colton, Galef, Lavine, McEneny, Reilly, Tobacco
 
Add S29-f, Exec L
 
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, at the scene of a natural disaster or catastrophe.
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A01269 Actions:

BILL NOA01269A
 
01/07/2009referred to higher education
01/06/2010referred to higher education
06/14/2010amend and recommit to higher education
06/14/2010print number 1269a
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A01269 Floor Votes:

There are no votes for this bill in this legislative session.
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A01269 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1269--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by M. of A. ENGLEBRIGHT, J. RIVERA, SCHIMMINGER, PERRY, SCHI-
          MEL,  LUPARDO  -- Multi-Sponsored by -- M. of A. BARCLAY, CHRISTENSEN,
          COLTON, GALEF, LAVINE, McENENY,  REILLY,  TOBACCO  --  read  once  and
          referred  to  the  Committee on Higher Education -- recommitted to the

          Committee on Higher Education in accordance with Assembly Rule 3, sec.
          2 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee
 
        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  overall  executive responsibility in the jurisdiction in
    15  which the emergency or event has occurred.
    16    (f) "Public safety official"  shall  mean  any  appointed  or  elected
    17  federal,  state  or local official with overall executive responsibility
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD04102-03-0

        A. 1269--A                          2
 
     1  to coordinate public safety in the jurisdiction in which  the  emergency
     2  or event has occurred.
     3    (g)  "Law  enforcement  official"  shall mean any appointed or elected
     4  federal, state or local official with overall  executive  responsibility
     5  to coordinate law enforcement in the jurisdiction in which the emergency
     6  or event has occurred.
     7    (h) "Building inspection official" shall mean any appointed or elected
     8  federal,  state  or local official with overall executive responsibility
     9  to coordinate building inspection in the jurisdiction in which the emer-

    10  gency or event has occurred.
    11    2. A professional engineer, architect,  landscape  architect  or  land
    12  surveyor  who voluntarily, without compensation acting reasonably and in
    13  good faith, provides structural, electrical, mechanical, or other  engi-
    14  neering,   architectural,  landscape  architectural  or  land  surveying
    15  services at the scene of a declared national, state or  local  emergency
    16  caused  by  a  major  earthquake,  hurricane,  tornado, fire, explosion,
    17  collapse, or other similar disaster or catastrophic event at the request
    18  of a national, state or local public official, law enforcement official,
    19  public safety official or building  inspection  official  acting  in  an

    20  official capacity, shall not be liable for any personal injury, wrongful
    21  death,  property  damage  or other loss caused by the professional engi-
    22  neer's, architect's, landscape  architect's  or  land  surveyor's  acts,
    23  errors  or  omissions  in  the performance of any engineering, architec-
    24  tural, landscape architectural or land surveying services for any struc-
    25  ture, building, piping or other engineered system,  either  publicly  or
    26  privately  owned  except  in  those instances where the personal injury,
    27  wrongful death, property damage or other  loss  results  from  the  act,
    28  error  or  omission  of  the professional engineer, architect, landscape
    29  architect or land surveyor who has found that the  structure,  building,

    30  piping  or  other engineered system is fit for the purposes of occupancy
    31  or usages for which it was intended.
    32    (a) The immunity provided in this section shall apply only to a volun-
    33  tary engineering, architectural, landscape architectural or land survey-
    34  ing service that occurs within ninety days of the emergency, disaster or
    35  catastrophic event, unless extended by an executive order issued by  the
    36  governor under the governor's emergency executive powers.
    37    (b) Nothing in this section shall provide immunity for wanton, willful
    38  or intentional misconduct, or 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 on the first of January next succeed-
    46  ing the date on which it shall have become a law.
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