Senate
File
570
-
Introduced
SENATE
FILE
570
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
68)
A
BILL
FOR
An
Act
relating
to
immunity
from
civil
liability
for
disaster
1
response
by
volunteers
who
enter
upon
or
in
private
property
2
without
express
consent
of
the
owner,
lessee,
or
person
in
3
lawful
possession.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
613.17A
Disasters
——
immunity
from
1
civil
liability.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Disaster”
means
the
same
as
defined
in
section
29C.2.
5
b.
“Emergency”
means
exigent
circumstances
demanding
6
immediate
action
to
protect
life
or
property.
7
c.
“Peace
officer”
means
all
of
the
following:
8
(1)
Sheriffs
and
their
regular
deputies
who
are
subject
to
9
mandated
law
enforcement
training.
10
(2)
Marshals
and
police
officers
of
cities.
11
(3)
Peace
officer
members
of
the
department
of
public
safety
12
as
defined
in
chapter
80.
13
(4)
Special
security
officers
employed
by
board
of
regents
14
institutions
as
set
forth
in
section
262.13.
15
(5)
Such
employees
of
the
department
of
transportation
as
16
are
designated
“peace
officers”
by
resolution
of
the
department
17
under
section
321.477.
18
d.
“Property”
means
any
land,
dwelling,
building,
or
other
19
temporary
or
permanent
structure
that
is
privately
owned.
20
e.
“Response”
means
any
action
taken
immediately
before,
21
during,
or
directly
after
a
disaster
occurs,
which
is
intended
22
to
save
lives,
minimize
injuries,
mitigate
property
damage,
or
23
mitigate
environmental
damage.
24
f.
“Volunteer”
means
any
of
the
following:
25
(1)
An
individual
who
is
not
part
of
a
recognized
26
voluntary
organization,
may
have
no
formal
training
in
27
emergency
response,
and
comes
to
a
disaster
scene
to
provide
28
uncompensated
assistance.
29
(2)
An
individual
who
is
affiliated
with
a
recognized
30
voluntary
or
nonprofit
organization
and
who
is
trained
for
31
specific
disaster
response
activities.
The
individual’s
32
relationship
with
the
organization
precedes
the
immediate
33
disaster
and
the
individual
is
invited
by
that
organization
34
to
become
involved,
without
compensation,
in
the
disaster
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response.
1
2.
A
volunteer
may
enter
upon
or
in
property
in
response
to
2
a
disaster
if
all
of
the
following
apply:
3
a.
The
governor
has
issued
a
proclamation
of
a
disaster
4
emergency
pursuant
to
section
29C.6.
5
b.
An
emergency
exists
on
the
property
or
is
directly
6
affecting
the
property.
7
c.
A
reasonable
effort
has
been
made
to
contact
or
locate
8
the
owner,
lessee,
or
person
in
lawful
possession
of
the
9
property
to
obtain
express
consent
to
enter
the
property.
If
10
circumstances
allow,
the
effort
to
contact
or
locate
the
owner,
11
lessee,
or
person
in
lawful
possession
of
the
property
shall
be
12
made
prior
to
entry
upon
or
in
the
property.
If
circumstances
13
require
immediate
mitigation
to
prevent
harm,
or
further
harm,
14
to
life
or
property,
effort
to
contact
or
locate
the
owner,
15
lessee,
or
person
in
lawful
possession
of
the
property
shall
16
be
made
as
soon
as
is
practicable
after
entry
upon
or
in
the
17
property.
18
d.
Entry
is
made
in
good
faith.
19
3.
A
volunteer
who
enters
upon
or
in
property
pursuant
20
to
subsection
2
shall
be
immune
from
civil
liability
for
21
acts
or
omissions
in
good
faith
by
the
volunteer
while
upon
22
or
in
the
property,
unless
such
acts
or
omissions
constitute
23
recklessness,
willful
misconduct,
or
gross
negligence.
24
4.
A
volunteer
who
enters
upon
or
in
property
pursuant
25
to
subsection
2
shall
not
have
committed
criminal
mischief
26
pursuant
to
section
716.1
or
trespass
pursuant
to
section
27
716.7.
28
5.
The
owner,
lessee,
or
person
in
lawful
possession
of
29
property
shall
be
immune
from
civil
liability
for
good-faith
30
acts
and
omissions
causing
personal
injury
to,
or
the
death
31
of,
a
volunteer
who
has
entered
such
property
pursuant
to
32
subsection
2,
unless
such
acts
or
omissions
by
the
owner,
33
lessee,
or
person
in
lawful
possession
of
the
property
34
constitutes
recklessness,
willful
misconduct,
or
gross
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negligence.
1
6.
This
section
does
not
apply
to
a
volunteer
who
knowingly
2
enters
upon
or
in
property,
or
remains
upon
or
in
property,
3
after
being
issued
an
express
command
to
not
enter
upon
or
in
4
the
property,
or
an
express
command
to
remove
or
vacate
the
5
property,
by
any
of
the
following:
6
a.
An
agent
of
a
federal
law
enforcement
agency.
7
b.
An
agent
of
a
federal,
state,
or
local
emergency
8
management
agency.
9
c.
A
peace
officer.
10
d.
A
member
of
the
state
military
called
into
state
active
11
duty
pursuant
to
section
29A.8,
subsection
1,
paragraph
“c”
.
12
e.
The
owner,
lessee,
or
person
in
lawful
possession
of
the
13
property.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
immunity
from
civil
liability
for
18
disaster
response
by
volunteers
who
enter
upon
or
in
private
19
property
without
express
consent
of
the
owner,
lessee,
or
20
person
in
lawful
possession.
21
“Volunteer”
is
defined
in
the
bill
as
an
individual
who
is
22
not
part
of
a
recognized
voluntary
organization,
may
have
no
23
formal
training
in
emergency
response,
and
comes
to
provide
24
assistance
in
a
disaster
response,
and
an
individual
who
25
has
a
preexisting
affiliation
with
a
recognized
voluntary
26
or
nonprofit
organization,
is
trained
for
specific
disaster
27
response
activities,
and
is
invited
by
that
organization
to
28
become
involved
in
the
disaster
response.
All
such
volunteers
29
are
uncompensated.
30
A
volunteer
may
enter
property
in
response
to
a
disaster
if
31
the
governor
has
issued
a
proclamation
of
a
disaster
emergency,
32
an
emergency
exists
on
the
property
or
is
directly
affecting
33
the
property,
a
reasonable
effort
has
been
made
to
contact
or
34
locate
the
owner,
lessee,
or
person
in
lawful
possession
of
35
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the
property
to
obtain
express
consent
to
enter
the
property,
1
and
entry
is
made
in
good
faith.
“Property”
is
defined
in
the
2
bill
as
any
land,
dwelling,
building,
or
other
temporary
or
3
permanent
structure
that
is
privately
owned.
“Disaster”
and
4
“emergency”
are
also
defined
in
the
bill.
5
A
volunteer
who
enters
property
under
such
circumstances
is
6
immune
from
civil
liability
for
acts
or
omissions
in
good
faith
7
by
the
volunteer
while
upon
or
in
the
property,
unless
such
8
acts
or
omissions
constitute
recklessness,
willful
misconduct,
9
or
gross
negligence.
Such
volunteer
has
also
not
committed
10
criminal
mischief
pursuant
to
Code
section
716.1
or
trespass
11
pursuant
to
Code
section
716.7.
The
owner,
lessee,
or
person
12
in
lawful
possession
of
the
property
is
immune
from
civil
13
liability
for
good-faith
acts
or
omissions
causing
for
personal
14
injury
to,
or
the
death
of,
a
volunteer
unless
such
acts
or
15
omissions
constitute
recklessness,
willful
misconduct,
or
gross
16
negligence.
17
The
bill
does
not
apply
to
a
volunteer
who
knowingly
18
enters
the
property,
or
remains
on
the
property,
after
being
19
told
not
to
enter
the
property,
or
told
to
remove
or
vacate
20
the
property,
by
an
agent
of
a
federal,
state,
or
local
law
21
enforcement
agency
or
emergency
management,
a
peace
officer,
a
22
member
of
the
state
military,
or
the
owner,
lessee,
or
person
23
in
lawful
possession
of
the
property.
24
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