Senate Study Bill 1140 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON McCOY) A BILL FOR An Act providing for immunity from civil liability for 1 registered architects and professional engineers providing 2 disaster emergency assistance under specified circumstances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1344SC (2) 85 rn/rj

S.F. _____ Section 1. NEW SECTION . 29C.20C Immunity —— registered 1 architects and professional engineers. 2 An architect registered pursuant to chapter 544A or a 3 professional engineer licensed pursuant to chapter 542B who, 4 during a disaster emergency as proclaimed by the governor or 5 a major disaster as declared by the president of the United 6 States, in good faith and at the request of or with the 7 approval of a national, state, or local public official, law 8 enforcement official, public safety official, or building 9 inspection official believed by the registered architect or 10 professional engineer to be acting in an official capacity, 11 voluntarily and without compensation provides architectural, 12 engineering, structural, electrical, mechanical, or other 13 design professional services related to the disaster emergency 14 shall not be liable for civil damages for any acts or omissions 15 resulting from the services provided, unless such acts or 16 omissions constitute recklessness or willful and wanton 17 misconduct. A registered architect or professional engineer 18 who receives expense reimbursement for the performance of 19 services described in this section shall not be considered to 20 have received compensation for such services. 21 EXPLANATION 22 This bill confers immunity from civil liability for 23 registered architects and professional engineers providing 24 assistance pursuant to a disaster emergency declared by the 25 governor or a major disaster declared by the president of the 26 United States pursuant to Code chapter 29C. The bill provides 27 that when architectural, engineering, structural, electrical, 28 mechanical, or other design professional services are rendered 29 in good faith at the request of or with the approval of a 30 national, state, or local public official, law enforcement 31 official, public safety official, or building inspection 32 official believed by the registered architect or professional 33 engineer to be acting in an official capacity, and are rendered 34 voluntarily and without compensation, a registered architect 35 -1- LSB 1344SC (2) 85 rn/rj 1/ 2

S.F. _____ or professional engineer shall not be liable for civil damages 1 for any acts or omissions resulting from the services provided, 2 unless such acts or omissions constitute recklessness or 3 willful and wanton misconduct. The bill provides that receipt 4 of expense reimbursement for services performed shall not be 5 regarded as compensation for such services. 6 -2- LSB 1344SC (2) 85 rn/rj 2/ 2