Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act - Grants construction companies and architectural and engineering firms and their employees immunity from liability for negligence, except for gross negligence or willful misconduct, when providing emergency assistance on a voluntary basis in response to a declared emergency or disaster, in good faith, and without expectation of compensation.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4246 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4246
To provide construction, architectural, and engineering entities with
qualified immunity from liability for negligence when providing
services or equipment on a volunteer basis in response to a declared
emergency or disaster.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2014
Mr. Reichert (for himself, Mr. Matheson, and Mr. Gary G. Miller of
California) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide construction, architectural, and engineering entities with
qualified immunity from liability for negligence when providing
services or equipment on a volunteer basis in response to a declared
emergency or disaster.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Protection for
Construction, Architectural, and Engineering Volunteers Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The construction, architectural, and engineering
industries provide a valuable service in times of disasters and
emergencies.
(2) The construction, architectural, and engineering
industries answered the call on September 11, 2001, and the
days afterwards to assist in the search, recovery, and clean-up
efforts in New York City and Arlington, Virginia, as well as in
the aftermath of Hurricane Katrina.
(3) The expertise and equipment brought forth for the
search, recovery, and other efforts greatly advanced and
improved the efficiency of these efforts.
(4) Such efforts by the construction, architectural, and
engineering industries make it safer for police, firefighters,
and other rescue workers to work on search and recovery
efforts.
(5) The services provided by the construction,
architectural, and engineering industries improve the safety of
the public by the assessment, containment, and mitigation of
conditions that threaten life and property.
(6) Construction companies and architectural and
engineering entities were faced with lawsuits as a result of
their voluntary efforts on behalf of their fellow citizens in
New York City and the Gulf Coast.
(7) Providing construction contractors and architectural
and engineering entities qualified immunity from liability when
providing services in this type of volunteer activity helps to
ensure that such services will be available in the future in
times of need.
SEC. 3. PROVISION OF QUALIFIED IMMUNITY FROM LIABILITY FOR NEGLIGENCE
TO CONSTRUCTION, ARCHITECTURAL, AND ENGINEERING ENTITIES
WHEN PROVIDING SERVICES OR EQUIPMENT ON A VOLUNTEER BASIS
IN RESPONSE TO A DECLARED EMERGENCY OR DISASTER.
(a) Liability Protection.--When a construction entity provides
emergency construction assistance, or an architectural or engineering
entity provides emergency architectural or engineering assistance, on a
voluntary basis, in good faith, and without expectation of
compensation, and the entity or an employee of such entity negligently
causes harm, the entity and the employee, if applicable, are not
jointly, severally, or individually liable in damages for that harm.
Nothing in this section shall be construed as providing immunity for
gross negligence or willful misconduct.
(b) Definitions.--In this section:
(1) The term ``construction entity'' means a person, sole
proprietorship, partnership, limited liability company, or
corporation in the regular business of providing construction
assistance.
(2) The term ``architectural or engineering entity'' means
a person, sole proprietorship, partnership, limited liability
company, or corporation in the regular business of providing
architectural or engineering assistance.
(3) The term ``construction assistance'' means materials,
labor, equipment, or services for construction-related
activities, including construction, demolition, repair, clean-
up, alteration, and remediation.
(4) The term ``architectural or engineering assistance''
means professional services of an architectural or engineering
nature, as defined by State law, if applicable, that are
required to be performed or approved by a licensed professional
architect or engineer.
(5) The terms ``emergency construction assistance'' and
``emergency architectural or engineering assistance'' mean
construction assistance and architectural or engineering
assistance, respectively, provided--
(A) at the direction of a public official acting in
an official capacity; and
(B) in response to or arising out of a declared
Federal, State, or local emergency or disaster, whether
the assistance is provided before or after the formal
declaration of emergency or disaster.
(c) Relationship to State Law.--
(1) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that it does not preclude a State from
providing a higher amount of protection from liability, or from
providing reimbursement for costs or expenses as authorized by
State or local law.
(2) Workers compensation.--This section does not apply to
liability under workers compensation laws.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
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