Barclay, Colton, Hawley, Hevesi, Malliotakis, McDonald, Thiele, Walter
 
Add §29-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 acting reasonably and in good faith, at the scene of a natural disaster or catastrophe.
STATE OF NEW YORK
________________________________________________________________________
5163
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
___________
Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, LUPARDO,
JENNE, STIRPE, GALEF, SANTABARBARA, FRIEND, QUART, MAGNARELLI, TITONE,
WEPRIN, PAULIN, CUSICK, LIFTON -- Multi-Sponsored by -- M. of A.
BARCLAY, COLTON, HAWLEY, HEVESI, MALLIOTAKIS, McDONALD, McLAUGHLIN,
THIELE, WALTER -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02906-01-7
A. 5163 2
1 (g) "Law enforcement official" shall mean any appointed or elected
2 federal, state or local official with executive responsibility to coor-
3 dinate law enforcement in the jurisdiction in which the emergency or
4 event has occurred.
5 (h) "Building inspection official" shall mean any appointed or elected
6 federal, state or local official with executive responsibility to coor-
7 dinate building inspection in the jurisdiction in which the emergency or
8 event has occurred.
9 2. A professional engineer, architect, landscape architect or land
10 surveyor who voluntarily, without compensation, other than reimbursement
11 of expenses, acting reasonably and in good faith, provides structural,
12 electrical, mechanical, or other engineering, architectural, landscape
13 architectural or land surveying services arising from or in connection
14 with a response to or recovery or relief from a declared national, state
15 or local disaster or emergency, whether natural or man-caused, such as,
16 without limitation, an earthquake, hurricane, tornado, fire, explosion,
17 flood, tropical storm, collapse, or other similar disaster or
18 catastrophic event, at the request or with the consent or approval of a
19 national, state or local public official, law enforcement official,
20 public safety official or building inspection official acting in an
21 official capacity, shall not be subject to or liable for any claim for
22 personal injury, wrongful death, property damage or other loss caused by
23 the professional engineer's, architect's, landscape architect's or land
24 surveyor's acts, errors or omissions in the performance of any engineer-
25 ing, architectural, landscape architectural or land surveying services
26 arising from or in any way related to the declared disaster or emergen-
27 cy, except as set forth in paragraph (b) of this subdivision.
28 (a) The immunity provided in this section shall apply only to a volun-
29 tary engineering, architectural, landscape architectural or land survey-
30 ing service that occurs during or within ninety days after the termi-
31 nation of the declared emergency, disaster or catastrophic event, unless
32 extended by an executive order issued by the governor under the gover-
33 nor's emergency executive powers.
34 (b) The immunity provided in this subdivision shall apply in all
35 cases, except upon a showing that a voluntary engineering, architec-
36 tural, landscape architectural or land surveying service furnished for
37 or in connection with a response to or recovery or relief from a
38 declared national, state or local disaster or emergency was performed in
39 a manner that constitutes wanton, willful or intentional misconduct, or
40 gross negligence.
41 (c) Where a professional engineer, architect, landscape architect or
42 land surveyor voluntarily renders services at the request of a state or
43 local employee or official and where such services fall within the ambit
44 of the immunity provided in this section, the liability of the state or
45 locality, if any, which requested the services shall not be affected by
46 the provisions of this section.
47 § 2. This act shall take effect immediately.