Bills › 88th General Assembly

Relating 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

Topics:Courts & civil law

Same legislation: SF 570

Where it is now

  1. Done: IntroducedJanuary 17, 2019
  2. Done: SubcommitteeJanuary 22, 2019
  3. Done: Senate committeeMarch 11, 2019
  4. Skipped: Passes the SenateContinued as SF 570
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Became SF 570 → Its progress continues under the new number. Go to SF 570 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.

Full bill text · What changed before it passed1

Senate subcommittee

Named January 22, 2019. It hasn’t reported yet.

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

Iowa Code it changes

Creates§613.17A

How the Code works2

Lobbying

7 for · 0 against · 21 undecided · Who →

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