Mississippi HB 1350: Good Samaritan Law for Architects and Engineers; create.

Bill Text

HB1350 (As Introduced) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary A

By: Representative Wilson

House Bill 1350

AN ACT TO CREATE THE GOOD SAMARITAN LAW FOR ARCHITECTS AND 
ENGINEERS; TO PROVIDE PROTECTION FROM LIABILITY FOR ARCHITECTS AND ENGINEERS IN 
EMERGENCY SITUATIONS; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� 
This act shall be known and may be cited as "The Good Samaritan Law for 
Architects and Engineers."

���� SECTION 2.� As 
used in Sections 2 through 3 of this act, the following words shall have the 
following meaning:

��������� (a)� "Building 
inspection official"� means an appointed or elected federal, state or 
local official with the executive responsibility to coordinate building 
inspection in the jurisdiction in which an emergency or event has occurred;

��������� (b)� "Law 
enforcement official" means an appointed or elected federal, state or 
local official with the executive responsibility to coordinate law enforcement 
in the jurisdiction in which an emergency or event has occurred;

��������� (c)� "Professional 
engineer" means a person licensed as an engineer under a state's engineering 
licensure laws;

��������� (d)� "Public 
official" means a federal, state, or local elected official with the 
executive responsibility in the jurisdiction in which an emergency or event has 
occurred;

��������� (e)� "Public 
safety official" means an appointed or elected federal, state, or local 
official with the executive responsibility to coordinate public safety in the 
jurisdiction in which an emergency or event has occurred; and

��������� (f)� "Registered 
architect" means a person licensed under a state's architectural licensure 
laws as a registered architect.

���� SECTION 3.� 
(1)� If a registered architect or professional engineer voluntarily, without 
compensation other than expense reimbursement, provides architectural, 
structural, electrical, mechanical or other design professional services 
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, at the request of or with the approval of a 
national, state or local public official, law

enforcement official, public 
safety official or building inspection official believed by the registered 
architect or professional engineer to be acting in his or her official 
capacity, the registered architect or professional engineer shall not be 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 any architectural or engineering 
services for any structure, building, facility, project utility, equipment, 
machine, process, piping or other system, either publicly or privately owned.

���� (2)� The immunity provided 
under subsection (1) of this section shall apply only to a voluntary architectural 
or engineering service that occurs during the emergency or within ninety (90) 
days following the end of the period for an emergency, or other similar 
disaster or catastrophic event, unless extended by an executive order issued by 
the Governor under the Governor's emergency executive powers.

���� (3)� This section does not 
provide immunity for wanton, willful or intentional misconduct.

���� SECTION 4.� This act 
shall take effect and be in force from and after July 1, 2019.