Bill Text: MS SB2237 | 2011 | Regular Session | Introduced
Bill Title: Flood rescue; assess costs of to driver who ignores warning.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2237 Detail]
Download: Mississippi-2011-SB2237-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2237
AN ACT TO CREATE A CIVIL LIABILITY TO A MUNICIPALITY, COUNTY OR CERTAIN NONPROFIT AGENCIES FOR THE COSTS ATTENDANT TO A RESCUE EFFORT OF A DRIVER WHO MUST BE RESCUED AFTER THE DRIVER KNOWINGLY IGNORES A BARRICADE OR OTHER WARNING SIGN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person is civilly liable to a political subdivision, or to a nonprofit agency cooperating with a political subdivision, that conducts a rescue on the person's behalf for the cost of the rescue effort if:
(a) The person drives into a flooded area after the person knowingly ignored a warning sign, traffic barricade or roadblock to drive into a marked hazard area and:
(i) Engaged in an activity or course of action that a reasonable person would not have engaged in; or
(ii) Failed to take a course of action a reasonable person would have taken; and
(b) The person's actions under this subsection (1) placed the person or another person in danger; and
(c) A governmental rescue effort was undertaken on the person's behalf.
(2) (a) An officer or employee of the state or a political subdivision who issues or is working to carry out a mandatory evacuation order under this section is immune from civil liability for any act or omission within the course and scope of the person's authority under the order.
(b) This section does not apply to a person who is authorized to be in an evacuated area, including a person who returns to the area under a phased reentry plan or credentialing process.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
