House File 416 - Introduced HOUSE FILE 416 BY BAXTER , SHEETS , JONES , HOLT , WILLS , HEARTSILL , NUNN , HAGENOW , COWNIE , BEST , and GASSMAN A BILL FOR An Act relating to immunity from civil liability for certain 1 persons for acts occurring during a clean-up effort 2 following a disaster. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2195YH (5) 86 jh/nh

H.F. 416 Section 1. NEW SECTION . 613.17A Disaster response immunity. 1 1. For purposes of this section: 2 a. “Clean-up effort” means an effort following a disaster to 3 remove storm debris, fallen trees, damaged vehicles, or home 4 debris from damaged or destroyed homes. 5 b. “Disaster” means the same as defined in section 29C.2. 6 c. “Nonprofit organization” means an organization qualifying 7 under section 501(c)(3) of the Internal Revenue Code as an 8 organization exempt from federal income tax under section 9 501(a) of the Internal Revenue Code. 10 d. “Property owner” means a person who owns, leases, or is 11 otherwise in lawful possession of real property. 12 2. A nonprofit organization or a volunteer of a nonprofit 13 organization that participates without compensation in a 14 clean-up effort shall be immune from civil liability for 15 reasonable acts undertaken in good faith that result in damage 16 to property. 17 3. A property owner shall be immune from civil liability 18 for all claims arising from or related to injury or damage 19 a nonprofit organization or a volunteer of a nonprofit 20 organization incurs while participating in a clean-up effort on 21 the property of the property owner, provided that the injury or 22 damage was not the result of an act or omission by the property 23 owner which the property owner knew, or had reasonable cause to 24 believe, would result in injury or damage. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to immunity from civil liability for 29 certain persons for acts occurring during a clean-up effort 30 following a disaster. 31 The bill defines “clean-up effort” as an effort following 32 a disaster to remove storm debris, fallen trees, damaged 33 vehicles, or home debris from damaged or destroyed homes. The 34 bill defines “disaster” as man-made and natural occurrences, 35 -1- LSB 2195YH (5) 86 jh/nh 1/ 2

H.F. 416 such as fire, flood, drought, earthquake, tornado, windstorm, 1 hazardous substance or nuclear power plant accident or 2 incident, which threaten the public peace, health, and safety 3 of the people or which damage and destroy public or private 4 property. “Disaster” includes attack, sabotage, or other 5 hostile action from within or without the state. The bill 6 defines “property owner” as a person who owns, leases, or is 7 otherwise in lawful possession of real property. 8 The bill provides that a nonprofit organization or a 9 volunteer of a nonprofit organization that participates 10 without compensation in a clean-up effort is immune from civil 11 liability for reasonable acts undertaken in good faith which 12 result in damage to property. 13 The bill also provides that a property owner is immune from 14 civil liability for all claims arising from or related to 15 injury or damage a nonprofit organization or a volunteer of a 16 nonprofit organization incurs while participating in a clean-up 17 effort on the property of the property owner, provided that the 18 injury or damage was not the result of an act or omission by the 19 property owner which the property owner knew, or had reasonable 20 cause to believe, would result in injury or damage. 21 -2- LSB 2195YH (5) 86 jh/nh 2/ 2