GOOD SAMARITAN LEGISLATION:

With the encouragement of a committee consisting of several members of the New York engineering community, Bill A.B. 9984 has been introduced in the State Legislature by Assemblyman Alex Gromack of Rockland County. This "Good Samaritan" legislation would provide protection for engineers and architects who volunteer during times of emergency. A Lobbyist representing ACEC is also assisting in this effort. The events of September 11, 2001 demonstrated the importance of having access to the engineering expertise of both individual volunteer engineers and the engineering community during a large-scale disaster

During the 2002 legislative session, Assemblyman Colman sponsored a bill, A09544, that provided good samaritan liability protection for engineers and architects who voluntarily provided engineering or architectural services at the request of a government agency during emergencies. A09544 never made it out of the legislative committee. Unfortunately, the bill was not reintroduced in the Assembly during the 2003 legislative session. In 2003, Senator Hannon sponsored a similar bill, S01926, which also stalled in committee.

Engineers and architects who volunteer in response to emergencies deserve immunity from professional liability. It is obvious that engineers or architects who are called upon to volunteer during an emergency risk physical injury when they decide to lend a hand. What is not as apparent, however, is that by deciding to volunteer in an emergency, engineers and architects expose themselves to tremendous personal liability for any claims that may arise in connection with their voluntary services. The bottom line is that engineers and architects who volunteer in response to emergencies risk not only their lives but also their personal assets, home and financial security.

Good samaritan laws protecting practicing professional engineers and architects have been enacted in California and many other states. The laws were passed because lawmakers recognized that: (1) government agencies rely on volunteer engineers and architects after emergencies like earthquakes and terrorist attacks; and (2) engineers and architects deserve liability protection while performing work under harrowing conditions.

The modification that is required to Bill S01926 would exempt engineers and architects from liability protection if they certify that a building is suitable for its intended usage. The intent of the legislation should be to encourage volunteers to perform the tough task of screening buildings during the days immediately following the emergency and to identify the seriously damaged buildings, bridges and structures that need immediate attention and to determine if they should continue to be used. The current wording of the legislation would encourage non-paid volunteer engineers to deem structures unsuitable for usage to avoid personal liability. In speaking with colleagues in California, one of the largest problems was that of property owner's residents being displaced when properties were deemed unsuitable for use.

The Committee advocates good samaritan protection for volunteer engineers and architects under certain critical, but very limited circumstances. The passage of this bill will help ensure that engineers and architects continue to provide voluntary services in the event of any future emergency.

The language of the bill is being developed. Once this is complete, the Committee would be looking for as many volunteers as possible to contact their Legislators and urge them to support the Bill. A form letter will be made available to anyone interested in offering his/her support. For those interested, please contact either Bill Gorlin, SEAoNY Director at prof-practice@seaony.org or Noelle Lilien of Zetlin & DeChiara, LLP at nlilien@zdlaw.com.
(Please include "Good Sam" in email subject.)

If you are a member of ASCE, you may send a letter to your state legislators from ASCE's Online Advocacy Site, as follows:

Login to ASCE's Internet Advocacy Website at http://www.asce.org/advocacy.html to send a letter to your state legislators. Use your six-digit ASCE member number for the "Name" and your last name for the "Password". Click the "State Advocacy" button at the top of the page. The website will provide you with a sample message and talking points to help you craft your own personal message to your lawmaker.

Please be sure to include your full postal address and contact information in your message so that the legislator's office can identify you as a constituent and will know where to send a response. Please remember to send a copy of your message to ASCE's government relations office at govwash@asce.org. Alternatively, you may choose the fax option to send your message.

Action Requested:

• Call, fax, or write to your legislators and urge them to support A.B. 9984. Let them know that you are concerned about putting unnecessary barriers in place to contracting out for engineering services. Talking points on A.B. 9984 are included below.
  
• Let ASCE know of your action. Knowing which legislators are hearing from their constituents can help us a great deal in working with them in the future. Send copies of your correspondence to Lauren Bailey, ASCE's Manager of State Government Relations, at lbailey@asce.org, or by fax at (202) 289-6797.

When calling your legislators:

1. Identify yourself as an engineer and a constituent.
2. Briefly explain that you support A.B. 9984 and give your reasons.
3. Ask if the legislator has a position on the bill.
    a. If the legislator already supports the bill, thank him/her for supporting engineers.
    b. If the legislator is undecided, ask him/her to consider supporting the bill.
    c. If the legislator opposes the bill, politely ask him/her to reconsider his/her opposition and explain that this is an important issue for you.

When writing to your legislator:

1. Identify yourself as an engineer and a constituent.
2. Explain that you favor A.B. 9984 and list your reasons.
3. Ask your legislator to let you know his/her position on the bill.

Talking points on Good Samaritan Laws:

• Engineers volunteering their technical expertise to try to save both lives and property in emergency situations do so often at considerable risk to themselves. In these instances engineers are not currently protected from tort liability for their actions. Without this protection, engineers are less likely to lend assistance during disasters.
  
• Under disaster conditions, there is simply no way for engineers to employ the same level of care that would be taken in a non-emergency situation, especially when lives and property are at stake. Decisions must often be made more quickly than in the normal course of design work to avoid worse loss of life or property.
  
• A reasonable level of care is still required to exempt an engineer from liability, as is appropriate to protect the public. If an engineer acts with reckless or intentional disregard of known dangers, he or she would lose their exemption from liability.