S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2160
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs
       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:
    1    Section  1.  The executive law is amended by adding a new section 29-f
    2  to read as follows:
    3    S  29-F.  ENGINEERS',  ARCHITECTS',  LANDSCAPE  ARCHITECTS'  AND  LAND
    4  SURVEYORS' GOOD SAMARITAN ACT. 1. AS USED IN THIS SECTION:
    5    (A)  "PROFESSIONAL  ENGINEER"  SHALL MEAN A PERSON DULY LICENSED UNDER
    6  THE EDUCATION LAW AS A PROFESSIONAL ENGINEER.
    7    (B) "ARCHITECT" SHALL MEAN A PERSON DULY LICENSED UNDER THE  EDUCATION
    8  LAW AS AN ARCHITECT.
    9    (C)  "LANDSCAPE ARCHITECT" SHALL MEAN A PERSON DULY LICENSED UNDER THE
   10  EDUCATION LAW AS A LANDSCAPE ARCHITECT.
   11    (D) "LAND SURVEYOR" SHALL MEAN A PERSON DULY LICENSED UNDER THE EDUCA-
   12  TION LAW AS A PROFESSIONAL LAND SURVEYOR.
   13    (E) "PUBLIC OFFICIAL" SHALL MEAN ANY FEDERAL, STATE OR LOCALLY ELECTED
   14  OFFICIAL WITH EXECUTIVE RESPONSIBILITY IN THE JURISDICTION IN WHICH  THE
   15  EMERGENCY OR EVENT HAS OCCURRED.
   16    (F)  "PUBLIC  SAFETY  OFFICIAL"  SHALL  MEAN  ANY APPOINTED OR ELECTED
   17  FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
   18  DINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR EVENT
   19  HAS OCCURRED.
   20    (G)  "LAW  ENFORCEMENT  OFFICIAL"  SHALL MEAN ANY APPOINTED OR ELECTED
   21  FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
   22  DINATE  LAW  ENFORCEMENT  IN  THE JURISDICTION IN WHICH THE EMERGENCY OR
   23  EVENT HAS OCCURRED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06422-01-5
       S. 2160                             2
    1    (H) "BUILDING INSPECTION OFFICIAL" SHALL MEAN ANY APPOINTED OR ELECTED
    2  FEDERAL, STATE OR LOCAL OFFICIAL WITH EXECUTIVE RESPONSIBILITY TO  COOR-
    3  DINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR
    4  EVENT HAS OCCURRED.
    5    2.  A  PROFESSIONAL  ENGINEER,  ARCHITECT, LANDSCAPE ARCHITECT OR LAND
    6  SURVEYOR WHO VOLUNTARILY, WITHOUT COMPENSATION, OTHER THAN REIMBURSEMENT
    7  OF EXPENSES, ACTING REASONABLY AND IN GOOD FAITH,  PROVIDES  STRUCTURAL,
    8  ELECTRICAL,  MECHANICAL,  OR OTHER ENGINEERING, ARCHITECTURAL, LANDSCAPE
    9  ARCHITECTURAL OR LAND SURVEYING SERVICES ARISING FROM OR  IN  CONNECTION
   10  WITH A RESPONSE TO OR RECOVERY OR RELIEF FROM A DECLARED NATIONAL, STATE
   11  OR  LOCAL DISASTER OR EMERGENCY, WHETHER NATURAL OR MAN-CAUSED, SUCH AS,
   12  WITHOUT LIMITATION, AN EARTHQUAKE, HURRICANE, TORNADO, FIRE,  EXPLOSION,
   13  FLOOD,   TROPICAL   STORM,   COLLAPSE,  OR  OTHER  SIMILAR  DISASTER  OR
   14  CATASTROPHIC EVENT, AT THE REQUEST OR WITH THE CONSENT OR APPROVAL OF  A
   15  NATIONAL,  STATE  OR  LOCAL  PUBLIC  OFFICIAL, LAW ENFORCEMENT OFFICIAL,
   16  PUBLIC SAFETY OFFICIAL OR BUILDING  INSPECTION  OFFICIAL  ACTING  IN  AN
   17  OFFICIAL  CAPACITY,  SHALL NOT BE SUBJECT TO OR LIABLE FOR ANY CLAIM FOR
   18  PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE OR OTHER LOSS CAUSED BY
   19  THE PROFESSIONAL ENGINEER'S, ARCHITECT'S, LANDSCAPE ARCHITECT'S OR  LAND
   20  SURVEYOR'S ACTS, ERRORS OR OMISSIONS IN THE PERFORMANCE OF ANY ENGINEER-
   21  ING,  ARCHITECTURAL,  LANDSCAPE ARCHITECTURAL OR LAND SURVEYING SERVICES
   22  ARISING FROM OR IN ANY WAY RELATED TO THE DECLARED DISASTER OR  EMERGEN-
   23  CY, EXCEPT AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
   24    (A) THE IMMUNITY PROVIDED IN THIS SECTION SHALL APPLY ONLY TO A VOLUN-
   25  TARY ENGINEERING, ARCHITECTURAL, LANDSCAPE ARCHITECTURAL OR LAND SURVEY-
   26  ING  SERVICE  THAT  OCCURS DURING OR WITHIN NINETY DAYS AFTER THE TERMI-
   27  NATION OF THE DECLARED EMERGENCY, DISASTER OR CATASTROPHIC EVENT, UNLESS
   28  EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR UNDER  THE  GOVER-
   29  NOR'S EMERGENCY EXECUTIVE POWERS.
   30    (B)  THE  IMMUNITY  PROVIDED  IN  THIS  SUBDIVISION SHALL APPLY IN ALL
   31  CASES, EXCEPT UPON A SHOWING THAT  A  VOLUNTARY  ENGINEERING,  ARCHITEC-
   32  TURAL,  LANDSCAPE  ARCHITECTURAL OR LAND SURVEYING SERVICE FURNISHED FOR
   33  OR IN CONNECTION WITH A  RESPONSE  TO  OR  RECOVERY  OR  RELIEF  FROM  A
   34  DECLARED NATIONAL, STATE OR LOCAL DISASTER OR EMERGENCY WAS PERFORMED IN
   35  A  MANNER THAT CONSTITUTES WANTON, WILLFUL OR INTENTIONAL MISCONDUCT, OR
   36  GROSS NEGLIGENCE.
   37    (C) WHERE A PROFESSIONAL ENGINEER, ARCHITECT, LANDSCAPE  ARCHITECT  OR
   38  LAND  SURVEYOR VOLUNTARILY RENDERS SERVICES AT THE REQUEST OF A STATE OR
   39  LOCAL EMPLOYEE OR OFFICIAL AND WHERE SUCH SERVICES FALL WITHIN THE AMBIT
   40  OF THE IMMUNITY PROVIDED IN THIS SECTION, THE LIABILITY OF THE STATE  OR
   41  LOCALITY,  IF ANY, WHICH REQUESTED THE SERVICES SHALL NOT BE AFFECTED BY
   42  THE PROVISIONS OF THIS SECTION.
   43    S 2. This act shall take effect immediately.