Bill Text: IA HF416 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to immunity from civil liability for certain persons for acts occurring during a clean-up effort following a disaster.
Sponsorship: Partisan Bill (Republican 11)
Status: (Introduced - Dead) 2015-02-26 - Introduced, referred to Judiciary. H.J. 422. [HF416 Detail]
Download: Iowa-2015-HF416-Introduced.html
House File 416 - Introduced HOUSE FILE BY BAXTER, SHEETS, JONES, HOLT, WILLS, HEARTSILL, NUNN, HAGENOW, COWNIE, BEST, and GASSMAN A BILL FOR 1 An Act relating to immunity from civil liability for certain 2 persons for acts occurring during a clean=up effort 3 following a disaster. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2195YH (5) 86 jh/nh PAG LIN 1 1 Section 1. NEW SECTION. 613.17A Disaster response immunity. 1 2 1. For purposes of this section: 1 3 a. "Clean=up effort" means an effort following a disaster to 1 4 remove storm debris, fallen trees, damaged vehicles, or home 1 5 debris from damaged or destroyed homes. 1 6 b. "Disaster" means the same as defined in section 29C.2. 1 7 c. "Nonprofit organization" means an organization qualifying 1 8 under section 501(c)(3) of the Internal Revenue Code as an 1 9 organization exempt from federal income tax under section 1 10 501(a) of the Internal Revenue Code. 1 11 d. "Property owner" means a person who owns, leases, or is 1 12 otherwise in lawful possession of real property. 1 13 2. A nonprofit organization or a volunteer of a nonprofit 1 14 organization that participates without compensation in a 1 15 clean=up effort shall be immune from civil liability for 1 16 reasonable acts undertaken in good faith that result in damage 1 17 to property. 1 18 3. A property owner shall be immune from civil liability 1 19 for all claims arising from or related to injury or damage 1 20 a nonprofit organization or a volunteer of a nonprofit 1 21 organization incurs while participating in a clean=up effort on 1 22 the property of the property owner, provided that the injury or 1 23 damage was not the result of an act or omission by the property 1 24 owner which the property owner knew, or had reasonable cause to 1 25 believe, would result in injury or damage. 1 26 EXPLANATION 1 27 The inclusion of this explanation does not constitute agreement with 1 28 the explanation's substance by the members of the general assembly. 1 29 This bill relates to immunity from civil liability for 1 30 certain persons for acts occurring during a clean=up effort 1 31 following a disaster. 1 32 The bill defines "clean=up effort" as an effort following 1 33 a disaster to remove storm debris, fallen trees, damaged 1 34 vehicles, or home debris from damaged or destroyed homes. The 1 35 bill defines "disaster" as man=made and natural occurrences, 2 1 such as fire, flood, drought, earthquake, tornado, windstorm, 2 2 hazardous substance or nuclear power plant accident or 2 3 incident, which threaten the public peace, health, and safety 2 4 of the people or which damage and destroy public or private 2 5 property. "Disaster" includes attack, sabotage, or other 2 6 hostile action from within or without the state. The bill 2 7 defines "property owner" as a person who owns, leases, or is 2 8 otherwise in lawful possession of real property. 2 9 The bill provides that a nonprofit organization or a 2 10 volunteer of a nonprofit organization that participates 2 11 without compensation in a clean=up effort is immune from civil 2 12 liability for reasonable acts undertaken in good faith which 2 13 result in damage to property. 2 14 The bill also provides that a property owner is immune from 2 15 civil liability for all claims arising from or related to 2 16 injury or damage a nonprofit organization or a volunteer of a 2 17 nonprofit organization incurs while participating in a clean=up 2 18 effort on the property of the property owner, provided that the 2 19 injury or damage was not the result of an act or omission by the 2 20 property owner which the property owner knew, or had reasonable 2 21 cause to believe, would result in injury or damage. LSB 2195YH (5) 86 jh/nh
