Bills › 88th General Assembly
Providing for immunity from civil liability for licensed architects and professional engineers providing disaster emergency assistance under specified circumstances and including effective date provisions. Effective 5-10-19
Sponsored by the Senate Judiciary Committee
Topics:Courts & civil lawPublic safety & emergencies
Same legislation: SF 68
Where it is now
- Done: IntroducedJanuary 17, 2019
- Done: SubcommitteeJanuary 22, 2019
- Done: Senate committeeMarch 11, 2019
- Done: Passes the SenateMarch 28, 201948–0
- Done: House committeeApril 3, 2019
- Done: Passes the HouseApril 18, 2019
- Done: To the GovernorMay 3, 2019
- Done: Signed into lawMay 10, 2019
Signed into law What’s a funnel?
What’s in it
This bill relates to immunity from civil liability for disaster response by volunteers who enter upon or in private property without express consent of the owner, lessee, or person in lawful possession. “Volunteer” is defined in the bill as an individual who is not part of a recognized voluntary organization, may have no formal training in emergency response, and comes to provide assistance in a disaster response, and an individual who has a preexisting affiliation with a recognized voluntary or nonprofit organization, is trained for specific disaster response activities, and is invited by that organization to become involved in the disaster response.
Read the full explanation
All such volunteers are uncompensated. A volunteer may enter property in response to a disaster if the governor has issued a proclamation of a disaster emergency, an emergency exists on the property or is directly affecting the property, a reasonable effort has been made to contact or locate the owner, lessee, or person in lawful possession of the property to obtain express consent to enter the property, and entry is made in good faith. “Property” is defined in the bill as any land, dwelling, building, or other temporary or permanent structure that is privately owned. “Disaster” and “emergency” are also defined in the bill. A volunteer who enters property under such circumstances is immune from civil liability for acts or omissions in good faith by the volunteer while upon or in the property, unless such acts or omissions constitute recklessness, willful misconduct, or gross negligence.7. The owner, lessee, or person in lawful possession of the property is immune from civil liability for good-faith acts or omissions causing for personal injury to, or the death of, a volunteer unless such acts or omissions constitute recklessness, willful misconduct, or gross negligence. The bill does not apply to a volunteer who knowingly enters the property, or remains on the property, after being told not to enter the property, or told to remove or vacate the property, by an agent of a federal, state, or local law enforcement agency or emergency management, a peace officer, a member of the state military, or the owner, lessee, or person in lawful possession of the property.
Changed since by amendments H-1183, S-3088; see Amendments.
House subcommittee
Named April 1, 2019. On April 3, 2019 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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88th General Assembly