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

                                  2258

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RIVERA, SCHIMMINGER, PERRY, SCHIMEL,
  LUPARDO,  BROOK-KRASNY,  RUSSELL, STIRPE, GALEF, SANTABARBARA, FRIEND,
  McDONALD, QUART, MAGNARELLI, TITONE, WEPRIN, PAULIN, CUSICK, LIFTON --
  Multi-Sponsored by -- M.   of A.  BARCLAY,  BORELLI,  COLTON,  HAWLEY,
  HEVESI,  LAVINE,  MALLIOTAKIS,  McLAUGHLIN,  TENNEY, 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:

  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.
                                                           LBD06422-01-5

              

A. 2258                             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,  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.