What's happening
This bill grants immunity from liability to engineers, architects, landscape architects, and land surveyors who voluntarily assist during declared disasters.
Why it matters
Encourages skilled professionals to volunteer in emergencies. by removing the threat of lawsuits, which can lead to faster and more effective disaster response and recovery as more engineers, architects, landscape architects, and land surveyors may be willing to assist.
Limits immunity to good-faith, voluntary actions. performed without compensation (except for expenses), ensuring that only those genuinely helping during declared disasters are protected, not those seeking personal gain or acting recklessly.
Excludes protection for gross negligence or intentional misconduct,. meaning professionals can still be held liable if their actions are egregiously harmful, maintaining accountability for truly harmful or irresponsible behavior.
Defines clear time limits for immunity (90 days post-emergency, unless extended),. which both clarifies the duration of protection and ensures the provision isn’t open-ended, balancing the needs of disaster response with legal safeguards.
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Who cares
Headline styles
Protect Volunteer Design Professionals
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1335
- 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 60–3
- Advanced to third reading
Show 4 earlier actions
- 2nd report cal.
- 1st report cal.747
- 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.
Protect Volunteer Design Professionals
In Assembly Committee · Higher Education · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2243
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sens. HANNON, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
AN ACT to amend the executive law, in relation to enacting the "engineers', architects', landscape architects' and land surveyors' good samaritan act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 29-f to read as follows:
§ 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 education 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 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 executive responsibility to coordinate law enforcement 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.
LBD02906-01-7
S. 2243 2
(h) "Building inspection official" shall mean any appointed or elected federal, state or local official with executive responsibility to coordinate 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 engineering, architectural, 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 voluntary engineering, architectural, landscape architectural or land surveying service that occurs during or within ninety days after the termination of the declared emergency, disaster or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers.
(b) The immunity provided in this subdivision shall apply in all cases, except upon a showing that a voluntary engineering, architectural, 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 :
2015-2016: S.2160 - Passed Senate, died in Assembly 2013-2014: S.3942-A - Passed senate, died in Assembly (2014) 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.