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Senate approves limited Good Samaritan immunity for engineers during declared emergencies

Utah State Senate · February 22, 2008
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Summary

Senate Bill 256 provides limited immunity to engineers and architects who volunteer professional services at the request of an authorized official during declared emergencies, excluding willful or grossly negligent acts; the measure passed after amendment and floor discussion.

The Senate passed Senate Bill 256, a Good Samaritan provision extending limited civil immunity to engineers and architects who provide volunteer professional services during declared emergencies at the request of an authorized official.

Senator Wadipes, who carried the bill, said the amendment adopted on the floor requires that the professional be called by an official with jurisdiction (for example, a fire chief or building inspector), that the services be provided during a declared emergency and that actions be taken in good faith and within the scope of the professional's training. "This bill does not extend the protection to individuals that act outside of the scope of their practice or to acts that are determined to be willful or grossly negligent," the sponsor said.

Senator Hilliard asked whether token items such as meals or shirts would disqualify volunteers from being treated as unpaid; the sponsor said small subsistence items would not turn volunteers into paid employees. Senator Stoll declared a conflict of interest and voted aye.

A roll-call on the measure recorded 27 yes votes, 0 nay and 2 absent; the bill was ordered to be read for the third time and proceed toward final passage.