Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblywomen Handlin and Jasey
SYNOPSIS
Grants immunity from liability for certain professional services rendered during emergencies under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity from liability for certain professional services rendered during an emergency and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other provision of law to the contrary, an architect licensed pursuant to R.S.45:3-1 et seq. or a professional engineer licensed pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering, respectively, if:
a. The act, error, or omission was not wanton, willful, or grossly negligent; and
b. The practice of architecture or engineering was performed:
(1) Voluntarily and without compensation;
(2) At the request of a public safety official, acting in an official capacity; and
(3) At the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor’s emergency executive powers.
As used in this section, “public safety official” means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.
2. This act shall take effect immediately.
STATEMENT
This bill grants licensed architects and professional engineers immunity from liability for certain services rendered during and following emergencies without compensation and at the request of public officials. This “Good Samaritan” legislation provides protection to licensed architects and professional engineers who volunteer time, expertise, and services to help rebuild communities that have been damaged by disasters, such as hurricanes, fires, and, tornados. The need for this legislation became apparent in the aftermath of Hurricane Sandy, when many communities were devastated and in need of the services of licensed architects and professional engineers.
The bill provides licensed architects and professional engineers with immunity from liability for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering for certain services following an emergency. In order for immunity to apply, the act, error, or omission must not be wanton, willful, or grossly negligent and the practice of architecture or engineering must be performed:
(1) Voluntarily and without compensation;
(2) At the request of a public safety official, acting in an official capacity; and
(3) At the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor’s emergency executive powers.
As used in the bill, “public safety official” means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.