S.F. 68 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 35 -1- LSB 1160XS (2) 88 ko/jh 1/ 4

S.F. 68 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 35 -2- LSB 1160XS (2) 88 ko/jh 2/ 4

S.F. 68 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 -3- LSB 1160XS (2) 88 ko/jh 3/ 4

S.F. 68 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 -4- LSB 1160XS (2) 88 ko/jh 4/ 4