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- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the engineers', architects', landscape architects' and land surveyors' good samaritan act
In Assembly Committee · Higher Education · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.