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History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 60–1
- Ordered to third reading cal.1537
- Reported and committed to rules
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 60–1
Show 4 earlier actions
- Ordered to third reading cal.1444
- Committee discharged and committed to rules
- Reported and committed to finance
- 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:S2160
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
To provide professional engineers, architects, landscape architects and land surveyors immunity from liability for providing volunteer services during times of crisis and catastrophe. Such immunity would not be applied in cases of wanton, willful, or intentional misconduct, nor to services provided more than 90 days after the termination of the disaster or emergency. This legislation shall not affect the liability of any government which requests a volunteer to perform these services.
Summary of provisions
Section one adds a new section 29-f to the executive law to provide that any engineer, architect, landscape architect and land surveyor who renders services arising from or in connection with a response to or recovery or relief from of a declared national, state or local disaster or emergency shall not be liable for certain damages that may occur.
Section two provides that the act shall take effect immediately.
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. Twenty-four other 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 11th. In
light of the 9/11 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.
In addition, in the days following Superstorm Sandy, hundreds of architects and engineers were ready to assist the New York City Department of Buildings in assessing storm-battered structures, but without the assurance that their volunteer services would not expose them to future litigation, the architects and engineers were unable to assist New York City employees.
Legislative history
2013-2014: S.3942-A 2011-2012: S.4508
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.