S02243 Summary:

BILL NOS02243
 
SAME ASSAME AS A05163
 
SPONSORHANNON
 
COSPNSRAVELLA
 
MLTSPNSR
 
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.
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S02243 Actions:

BILL NOS02243
 
01/12/2017REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
03/15/2017REPORTED AND COMMITTED TO FINANCE
05/02/20171ST REPORT CAL.747
05/03/20172ND REPORT CAL.
05/08/2017ADVANCED TO THIRD READING
06/13/2017PASSED SENATE
06/13/2017DELIVERED TO ASSEMBLY
06/13/2017referred to higher education
01/03/2018died in assembly
01/03/2018returned to senate
01/03/2018REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
01/22/2018REPORTED AND COMMITTED TO FINANCE
05/22/20181ST REPORT CAL.1335
05/30/20182ND REPORT CAL.
05/31/2018ADVANCED TO THIRD READING
06/20/2018COMMITTED TO RULES
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S02243 Committee Votes:

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S02243 Floor Votes:

There are no votes for this bill in this legislative session.
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S02243 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2243
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     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-
    22  dinate law enforcement in the jurisdiction in  which  the  emergency  or
    23  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
 
     1    (h) "Building inspection official" shall mean any appointed or elected
     2  federal,  state or local official with executive responsibility to coor-
     3  dinate building inspection in the jurisdiction in which the emergency or
     4  event has occurred.
     5    2.  A  professional  engineer,  architect, landscape architect or land
     6  surveyor who voluntarily, without compensation, other than reimbursement
     7  of expenses, acting reasonably and in good faith,  provides  structural,
     8  electrical,  mechanical,  or other engineering, architectural, landscape
     9  architectural or land surveying services arising from or  in  connection
    10  with a response to or recovery or relief from a declared national, state
    11  or  local disaster or emergency, whether natural or man-caused, such as,
    12  without limitation, an earthquake, hurricane, tornado, fire,  explosion,
    13  flood,   tropical   storm,   collapse,  or  other  similar  disaster  or
    14  catastrophic event, at the request or with the consent or approval of  a
    15  national,  state  or  local  public  official, law enforcement official,
    16  public safety official or building  inspection  official  acting  in  an
    17  official  capacity,  shall not be subject to or liable for any claim for
    18  personal injury, wrongful death, property damage or other loss caused by
    19  the professional engineer's, architect's, landscape architect's or  land
    20  surveyor's acts, errors or omissions in the performance of any engineer-
    21  ing,  architectural,  landscape architectural or land surveying services
    22  arising from or in any way related to the declared disaster or  emergen-
    23  cy, except as set forth in paragraph (b) of this subdivision.
    24    (a) The immunity provided in this section shall apply only to a volun-
    25  tary engineering, architectural, landscape architectural or land survey-
    26  ing  service  that  occurs during or within ninety days after the termi-
    27  nation of the declared emergency, disaster or catastrophic event, unless
    28  extended by an executive order issued by the governor under  the  gover-
    29  nor's emergency executive powers.
    30    (b)  The  immunity  provided  in  this  subdivision shall apply in all
    31  cases, except upon a showing that  a  voluntary  engineering,  architec-
    32  tural,  landscape  architectural or land surveying service furnished for
    33  or in connection with a  response  to  or  recovery  or  relief  from  a
    34  declared national, state or local disaster or emergency was performed in
    35  a  manner that constitutes wanton, willful or intentional misconduct, or
    36  gross negligence.
    37    (c) Where a professional engineer, architect, landscape  architect  or
    38  land  surveyor voluntarily renders services at the request of a state or
    39  local employee or official and where such services fall within the ambit
    40  of the immunity provided in this section, the liability of the state  or
    41  locality,  if any, which requested the services shall not be affected by
    42  the provisions of this section.
    43    § 2. This act shall take effect immediately.
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