08 LC 35
1011S
The
House Committee on Public Safety & Homeland Security offers the following
substitute to SB 305:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia
Annotated, relating to organization and administration of emergency management,
so as to revise a provision relating to the licensing of nongovernmental rescue
organizations; to provide a short title; to amend Chapter 1 of Title 51 of the
Official Code of Georgia Annotated, relating to torts in general, so as to
revise certain provisions relating to liability of persons and entities in
emergency situations; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Corporate Good Samaritan Act of
2008."
SECTION
2.
Article
2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating
to organization and administration of emergency management, is amended by
revising subsection (a) of Code Section 38-3-36, relating to the director
licensing nongovernmental rescue organizations, as follows:
"(a)
Except as otherwise provided by subsection (b) of this Code section, all
nongovernmental rescue organizations, associations, groups, teams, search and
rescue dog teams, or individuals, whether or not they are holders of a charter
issued by this state or officers thereof, shall be prohibited from performing
any rescue or emergency management type activity until the organization,
association, group, team, search and rescue dog team, or individual has been
licensed by the director of emergency management to perform the activities. It
is expressly declared that Articles 1 through 3 of this chapter shall not amend,
repeal, alter, or affect in any manner Code Section 51-1-29
or Code
Section 51-1-29.2."
SECTION
3.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions concerning torts, is amended by revising Code Section 51-1-29.2,
relating to liability of persons acting to prevent, minimize, and repair injury
and damage resulting from catastrophic acts of nature, as follows:
"51-1-29.2.
(a)
Any natural person who voluntarily and without the expectation or receipt of
compensation provides services during a
time
state
of emergency and in a place of emergency as declared by the Governor for the
benefit of any individual to
prevent,
or
minimize,
and repair injury and damage to
injury to
persons or damage to property resulting
from catastrophic acts
of
nature
whether
natural or manmade, including fire, flood,
earthquake, wind, storm, or wave
action,
biological, chemical, or nuclear agents, terrorism, pandemics, or
epidemics, shall not be liable to any
individual receiving such assistance as a result of any act or omission in
rendering such service if such person was acting in good faith and unless the
damage or injury was caused by the willful or wanton negligence or misconduct of
such person.
(b)
Any private for profit or nonprofit association, organization, or other legal
entity, and any officer, member, volunteer, or employee of such entity when such
entity is working in cooperation with and under the direction of a state or
local emergency response or public safety agency during a state of emergency and
in a place of emergency as declared by the Governor for the benefit of any
individual to prevent or minimize injury to persons or damage to property
resulting from catastrophic acts whether natural or manmade, including fire,
flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear
agents, terrorism, pandemics, or epidemics, shall not be liable to any
individual receiving such assistance as a result of any act or omission in
rendering such service if such entity or person was acting in good faith and
unless the damage or injury was caused by the willful or wanton negligence or
misconduct of such entity or person.
(c)
Any person or private entity acting in cooperation with and under the direction
of the Georgia Emergency Management Agency or other state or local agency,
pursuant to a state emergency operation plan adopted by the Georgia Emergency
Management Agency, who voluntarily and without the expectation or receipt of
compensation provides services or goods in preparation for a possible state of
emergency or participates in an exercise drill consistent with the person´s
or entity´s role under such plan shall not be liable to any individual as a
result of any act or omission in rendering such services or goods if such person
or entity was acting in good faith and unless the damage or injury was caused by
the willful or wanton negligence or misconduct of such person or
entity.
(d)
Nothing in this Code section shall be construed to repeal, alter, or limit in
any manner any other provision of law granting immunity or limiting liability.
Furthermore, nothing in this Code section shall be construed to abrogate any
state or local entity´s sovereign
immunity."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to causes of action arising
on or after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.