Bill Text: IN SB0259 | 2013 | Regular Session | Introduced
Bill Title: Civil immunity for services in emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Civil Law [SB0259 Detail]
Download: Indiana-2013-SB0259-Introduced.html
Introduced Version
SENATE BILL No. 259
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-30-27.
Synopsis: Civil immunity for services in emergency. Provides civil
immunity to a registered architect or professional engineer who
provides, without compensation, professional services related to a
declared emergency.
Effective: Upon passage.
Merritt
January 8, 2013, read first time and referred to Committee on Civil Law.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 259
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-30-27; (13)IN0259.1.1. -->
SECTION 1. IC 34-30-27 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 27. Volunteer Professional Services of a Registered Architect or Professional Engineer Related to a Declared Emergency
Sec. 1. An architect registered under IC 25-4-1 or a professional engineer registered under IC 25-31-1 who, after May 31, 2013, voluntarily, without compensation (other than expense reimbursement), provides architectural, structural, electrical, mechanical, or other design professional services:
(1) related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event; and
(2) at the request of or with the approval of a federal, state, or local public official with executive responsibility in the jurisdiction to coordinate:
(A) law enforcement;
(B) public safety; or
(C) building inspection;
believed by the registered architect or professional engineer to be acting in an official capacity;
is not liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of the services.
Sec. 2. The immunity provided in this chapter applies only to voluntary architectural or engineering services provided during the emergency, or not more than ninety (90) days after the end of the period for the emergency, described in section 1 of this chapter, unless extended by an executive order issued by the governor under the governor's emergency executive powers.
Sec. 3. This chapter does not provide immunity for wanton, willful, or intentional misconduct.
Chapter 27. Volunteer Professional Services of a Registered Architect or Professional Engineer Related to a Declared Emergency
Sec. 1. An architect registered under IC 25-4-1 or a professional engineer registered under IC 25-31-1 who, after May 31, 2013, voluntarily, without compensation (other than expense reimbursement), provides architectural, structural, electrical, mechanical, or other design professional services:
(1) related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event; and
(2) at the request of or with the approval of a federal, state, or local public official with executive responsibility in the jurisdiction to coordinate:
(A) law enforcement;
(B) public safety; or
(C) building inspection;
believed by the registered architect or professional engineer to be acting in an official capacity;
is not liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of the services.
Sec. 2. The immunity provided in this chapter applies only to voluntary architectural or engineering services provided during the emergency, or not more than ninety (90) days after the end of the period for the emergency, described in section 1 of this chapter, unless extended by an executive order issued by the governor under the governor's emergency executive powers.
Sec. 3. This chapter does not provide immunity for wanton, willful, or intentional misconduct.
SOURCE: ; (13)IN0259.1.2. -->
SECTION 2. An emergency is declared for this act.
