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Sponsors
3 Co-sponsors
History
- 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 New York emergency responder act
In Assembly Committee · Governmental Operations · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5672
Title of bill
An act to amend the executive law, in relation to enacting the New York emergency responder act
Purpose or general idea of bill
To provide licensed design professionals and others in the building and construction industry immunity from liability for providing advice, services, labor and materials during times of emergency, crisis or catastrophe, including weather related events. 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 entity which requests these services.
Existing law
Currently, engineers, architects, landscape architects, land surveyors, contractors, subcontractors, laborers, suppliers and other parties may be held liable for assistance rendered during emergencies to the same extent as in non-emergency situations.
Summary of specific provisions
Adds a new section 29-f to the executive law to provide that any person, firm or corporation, including any engineer, architect, landscape architect, land surveyor, contractor, subcontractor, laborer, and/or supplier, who is requested to render advice or services in connection with a declared emergency is not liable for certain damages that may occur.
Justification
In times of natural disasters, emergencies or other catastrophic events, architectural, engineering and construction expertise and skills are needed to provide advice and services to determine the integrity of and to stabilize, repair and rehabilitate structures, buildings, piping, or other engineered systems on an emergency basis. Professional engineers, architects, landscape architects, land surveyors, contractors, subcontractors, laborers and suppliers are willing to assist their communities, states and the nation in these times of crisis.
Such persons and firms, however, may face substantial liability exposure when furnishing services to assist government on an emergency basis. Many states have recognized this liability threat and have enacted laws which provide immunity for the performance of services at the request of government entities in times of declared emergencies. Insurance premiums for professionals and contractors in the building, design and construction industries have been on the rise and further accelerated by catastrophic natural and man-made events in recent years, including the events of September 11, 2001, and Hurricanes Irene and Sandy in 2011 and 2012. In addition, as those professionals and contractors that responded to the events of September 11, 2001 learned, insurance may not be available at any reasonable price. As a result, professionals and contractors that responded in the wake of
September 11, 2001, chose not to do so when subsequent emergencies occurred. In light of the resulting infrastructural and humanitarian disasters, it is time that New York State joined in the national efforts to enact "Emergency Responder" protection laws.
Prior legislative history
New bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately upon the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.