NY State Assembly Bill 2013-A4380B

Assembly Bill A4380B

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 03, 2014	reported referred to codes
Jan 08, 2014	referred to higher education
Jun 17, 2013	print number 4380b
Jun 17, 2013	amend and recommit to higher education
Mar 11, 2013	print number 4380a
Mar 11, 2013	amend and recommit to higher education
Feb 04, 2013	referred to higher education

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4380 - Details

See Senate Version of this Bill:: S3942
Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1269, S3720
2011-2012: A3884, S4508
2015-2016: A2258, S2160
2017-2018: A5163, S2243
2019-2020: A4094

2013-A4380 - 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.

2013-A4380 - Bill Text download pdf

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

                                  4380

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, SCHIMEL,
  LUPARDO,  BROOK-KRASNY  --  Multi-Sponsored  by  --  M. of A. BARCLAY,
  COLTON, CUSICK, GALEF, LAVINE, TENNEY -- 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07591-01-3

A. 4380                             2

TO COORDINATE LAW ENFORCEMENT IN THE JURISDICTION IN WHICH THE EMERGENCY
OR EVENT HAS OCCURRED.
  (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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4380A - Details

See Senate Version of this Bill:: S3942
Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1269, S3720
2011-2012: A3884, S4508
2015-2016: A2258, S2160
2017-2018: A5163, S2243
2019-2020: A4094

2013-A4380A - Summary

2013-A4380A - Bill Text download pdf

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

                                 4380--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, SCHIMEL,
  LUPARDO,  BROOK-KRASNY  --  Multi-Sponsored  by  --  M. of A. BARCLAY,
  COLTON, CUSICK, GALEF, LAVINE, MALLIOTAKIS, TENNEY --  read  once  and
  referred to the Committee on Higher Education -- 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:

  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 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 EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE PUBLIC SAFETY 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.
                                                           LBD07591-03-3

A. 4380--A                          2

  (G)  "LAW  ENFORCEMENT  OFFICIAL"  SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE  LAW  ENFORCEMENT  IN  THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (H) "BUILDING INSPECTION OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL,  STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  2. A PROFESSIONAL ENGINEER, ARCHITECT,  LANDSCAPE  ARCHITECT  OR  LAND
SURVEYOR WHO VOLUNTARILY, WITHOUT COMPENSATION, OTHER THAN REIMBURSEMENT
OF EXPENSES, PROVIDES STRUCTURAL, ELECTRICAL, MECHANICAL, OR OTHER ENGI-
NEERING,   ARCHITECTURAL,  LANDSCAPE  ARCHITECTURAL  OR  LAND  SURVEYING
SERVICES ARISING FROM OR IN CONNECTION WITH A RESPONSE TO OR RECOVERY OR
RELIEF FROM A DECLARED NATIONAL, STATE OR LOCAL DISASTER  OR  EMERGENCY,
WHETHER  NATURAL  OR  MAN-CAUSED, SUCH AS, WITHOUT LIMITATION, AN EARTH-
QUAKE, HURRICANE,  TORNADO,  FIRE,  EXPLOSION,  FLOOD,  TROPICAL  STORM,
COLLAPSE,  OR  OTHER  SIMILAR  DISASTER  OR  CATASTROPHIC  EVENT, AT THE
REQUEST OR WITH THE CONSENT OR APPROVAL 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  SUBJECT  TO  OR  LIABLE  FOR ANY CLAIM FOR 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 ARISING FROM
OR IN ANY WAY RELATED TO THE DECLARED DISASTER OR EMERGENCY,  EXCEPT  AS
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (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 DURING OR WITHIN NINETY DAYS AFTER THE TERMI-
NATION OF THE DECLARED EMERGENCY, DISASTER OR CATASTROPHIC EVENT, UNLESS
EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR UNDER  THE  GOVER-
NOR'S EMERGENCY EXECUTIVE POWERS.
  (B)  THE  IMMUNITY  PROVIDED  IN  THIS  SUBDIVISION SHALL APPLY IN ALL
CASES, EXCEPT UPON A SHOWING THAT  A  VOLUNTARY  ENGINEERING,  ARCHITEC-
TURAL,  LANDSCAPE  ARCHITECTURAL OR LAND SURVEYING SERVICE FURNISHED FOR
OR IN CONNECTION WITH A  RESPONSE  TO  OR  RECOVERY  OR  RELIEF  FROM  A
DECLARED NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN
A  MANNER THAT CONSTITUTES 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 immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4380B (ACTIVE) - Details

See Senate Version of this Bill:: S3942
Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1269, S3720
2011-2012: A3884, S4508
2015-2016: A2258, S2160
2017-2018: A5163, S2243
2019-2020: A4094

2013-A4380B (ACTIVE) - Summary

2013-A4380B (ACTIVE) - Bill Text download pdf

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

                                 4380--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, SCHIMEL,
  LUPARDO,  BROOK-KRASNY,  RUSSELL, STIRPE, WEISENBERG, GALEF, SANTABAR-
  BARA -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,  COLTON,  CUSICK,
  LAVINE,  MALLIOTAKIS, MILLMAN, TENNEY -- read once and referred to the
  Committee on Higher Education -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, 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:

  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 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 EXECUTIVE RESPONSIBILITY TO COOR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07591-05-3

A. 4380--B                          2

DINATE 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 EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE  LAW  ENFORCEMENT  IN  THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  (H) "BUILDING INSPECTION OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
EVENT HAS OCCURRED.
  2.  A  PROFESSIONAL  ENGINEER,  ARCHITECT, LANDSCAPE ARCHITECT OR LAND
SURVEYOR WHO VOLUNTARILY, WITHOUT COMPENSATION, OTHER THAN REIMBURSEMENT
OF EXPENSES, ACTING REASONABLY AND IN GOOD FAITH,  PROVIDES  STRUCTURAL,
ELECTRICAL,  MECHANICAL,  OR OTHER ENGINEERING, ARCHITECTURAL, LANDSCAPE
ARCHITECTURAL OR LAND SURVEYING SERVICES ARISING FROM OR  IN  CONNECTION
WITH A RESPONSE TO OR RECOVERY OR RELIEF FROM A DECLARED NATIONAL, STATE
OR  LOCAL DISASTER OR EMERGENCY, WHETHER NATURAL OR MAN-CAUSED, SUCH AS,
WITHOUT LIMITATION, AN EARTHQUAKE, HURRICANE, TORNADO, FIRE,  EXPLOSION,
FLOOD,   TROPICAL   STORM,   COLLAPSE,  OR  OTHER  SIMILAR  DISASTER  OR
CATASTROPHIC EVENT, AT THE REQUEST OR WITH THE CONSENT OR APPROVAL 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 SUBJECT TO OR LIABLE FOR ANY CLAIM FOR
PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE OR OTHER LOSS CAUSED BY
THE PROFESSIONAL ENGINEER'S, ARCHITECT'S, LANDSCAPE ARCHITECT'S OR  LAND
SURVEYOR'S ACTS, ERRORS OR OMISSIONS IN THE PERFORMANCE OF ANY ENGINEER-
ING,  ARCHITECTURAL,  LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES
ARISING FROM OR IN ANY WAY RELATED TO THE DECLARED DISASTER OR  EMERGEN-
CY, EXCEPT AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (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 DURING OR WITHIN NINETY DAYS AFTER THE TERMI-
NATION OF THE DECLARED EMERGENCY, DISASTER OR CATASTROPHIC EVENT, UNLESS
EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR UNDER  THE  GOVER-
NOR'S EMERGENCY EXECUTIVE POWERS.
  (B)  THE  IMMUNITY  PROVIDED  IN  THIS  SUBDIVISION SHALL APPLY IN ALL
CASES, EXCEPT UPON A SHOWING THAT  A  VOLUNTARY  ENGINEERING,  ARCHITEC-
TURAL,  LANDSCAPE  ARCHITECTURAL OR LAND SURVEYING SERVICE FURNISHED FOR
OR IN CONNECTION WITH A  RESPONSE  TO  OR  RECOVERY  OR  RELIEF  FROM  A
DECLARED NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN
A  MANNER THAT CONSTITUTES 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 immediately.

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.

Assembly Bill A4380B

Share this bill

Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jose Rivera

Robin Schimminger

N. Nick Perry

Michelle Schimel

multi-Sponsors

William A. Barclay

William Colton

Michael Cusick

Sandy Galef

2013-A4380 - Details

2013-A4380 - Summary

2013-A4380 - Bill Text download pdf

co-Sponsors

Jose Rivera

Robin Schimminger

N. Nick Perry

Michelle Schimel

multi-Sponsors

William A. Barclay

William Colton

Michael Cusick

Charles Lavine

2013-A4380A - Details

2013-A4380A - Summary

2013-A4380A - Bill Text download pdf

co-Sponsors

Jose Rivera

Robin Schimminger

N. Nick Perry

Michelle Schimel

multi-Sponsors

William A. Barclay

Joseph Borelli

William Colton

Stephen Hawley

2013-A4380B (ACTIVE) - Details

2013-A4380B (ACTIVE) - Summary

2013-A4380B (ACTIVE) - Bill Text download pdf

Comments