NY State Senate Bill 2011-S4508

Senate Bill S4508

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to veterans, homeland security and military affairs
Apr 08, 2011	referred to veterans, homeland security and military affairs

co-Sponsors

View additional co-sponsors

2011-S4508 (ACTIVE) - Details

See Assembly Version of this Bill:: A3884
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3720, A1269
2013-2014: S3942, A4380
2015-2016: S2160, A2258
2017-2018: S2243, A5163
2019-2020: A4094

2011-S4508 (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.

2011-S4508 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4508

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 OR GENERAL IDEA OF THE BILL:
To provide professional
engineers, architects, landscape architects and land surveyors
immunity from liability for providing volunteer services funding
during times of crisis and catastrophe. Such immunity would not be
applied in cases of wanton, willful, or intentional misconduct, nor
to services provided after 90 days of the emergency. This legislation
shall not affect the liability of any government which requests a
volunteer to perform these services.

SUMMARY OF PROVISIONS:
Adds a new section 29-f to the executive law to
provide that any engineer, architect, landscape architect and land
surveyor who is requested to render services at the scene of a
declared emergency is not liable for certain damages that may occur.

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. Many 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 11. In light of the 9/11
infrastructural and humanitarian 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.


This act is based on a model act developed by the National Society for
Professional Engineers.

LEGISLATIVE HISTORY:
2007-2008: S.5557 Hannon
2005-2006: S.4237 Hannon

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First January next succeeding this bill's entry into law.

2011-S4508 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4508

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty 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:
  S  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 OVERALL 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 OVERALL  EXECUTIVE  RESPONSIBILITY
TO  COORDINATE  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 OVERALL EXECUTIVE RESPONSIBILITY
TO COORDINATE 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.
                                                           LBD00251-01-1

S. 4508                             2

  (H) "BUILDING INSPECTION OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH OVERALL  EXECUTIVE  RESPONSIBILITY
TO COORDINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMER-
GENCY OR EVENT HAS OCCURRED.
  2.  A  PROFESSIONAL  ENGINEER,  ARCHITECT, LANDSCAPE ARCHITECT OR LAND
SURVEYOR WHO VOLUNTARILY, WITHOUT COMPENSATION ACTING REASONABLY AND  IN
GOOD  FAITH, PROVIDES STRUCTURAL, ELECTRICAL, MECHANICAL, OR OTHER ENGI-
NEERING,  ARCHITECTURAL,  LANDSCAPE  ARCHITECTURAL  OR  LAND   SURVEYING
SERVICES  AT  THE SCENE OF A DECLARED NATIONAL, STATE OR LOCAL EMERGENCY
CAUSED BY A  MAJOR  EARTHQUAKE,  HURRICANE,  TORNADO,  FIRE,  EXPLOSION,
COLLAPSE, OR OTHER SIMILAR DISASTER OR CATASTROPHIC EVENT AT THE REQUEST
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 LIABLE FOR ANY PERSONAL INJURY, WRONGFUL
DEATH, PROPERTY DAMAGE OR OTHER LOSS CAUSED BY  THE  PROFESSIONAL  ENGI-
NEER'S,  ARCHITECT'S,  LANDSCAPE  ARCHITECT'S  OR  LAND SURVEYOR'S ACTS,
ERRORS OR OMISSIONS IN THE PERFORMANCE  OF  ANY  ENGINEERING,  ARCHITEC-
TURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES FOR ANY STRUC-
TURE,  BUILDING,  PIPING  OR OTHER ENGINEERED SYSTEM, EITHER PUBLICLY OR
PRIVATELY OWNED EXCEPT IN THOSE INSTANCES  WHERE  THE  PERSONAL  INJURY,
WRONGFUL  DEATH,  PROPERTY  DAMAGE  OR  OTHER LOSS RESULTS FROM THE ACT,
ERROR OR OMISSION OF THE  PROFESSIONAL  ENGINEER,  ARCHITECT,  LANDSCAPE
ARCHITECT  OR  LAND SURVEYOR WHO HAS FOUND THAT THE STRUCTURE, BUILDING,
PIPING OR OTHER ENGINEERED SYSTEM IS FIT FOR THE PURPOSES  OF  OCCUPANCY
OR USAGES FOR WHICH IT WAS INTENDED.
  (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 WITHIN NINETY DAYS OF THE EMERGENCY, DISASTER OR
CATASTROPHIC  EVENT, UNLESS EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE
GOVERNOR UNDER THE GOVERNOR'S EMERGENCY EXECUTIVE POWERS.
  (B) NOTHING IN THIS SECTION SHALL PROVIDE IMMUNITY FOR 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.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4508

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

David Carlucci

Ruth Hassell-Thompson

2011-S4508 (ACTIVE) - Details

2011-S4508 (ACTIVE) - Summary

2011-S4508 (ACTIVE) - Sponsor Memo

2011-S4508 (ACTIVE) - Bill Text download pdf

Comments