House
Study
Bill
571
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
BILL)
A
BILL
FOR
An
Act
concerning
state
agency
response
to
a
proclamation
of
1
disaster
emergency.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5247DP
(3)
89
ec/rn
S.F.
_____
H.F.
_____
Section
1.
NEW
SECTION
.
29C.20D
Disaster
response
immunity.
1
The
state
and
any
of
its
officers,
employees,
or
agents
shall
2
not
be
liable
on
account
of
any
act
or
omission
in
good
faith
3
while
engaged
in
a
response
to
a
declared
disaster
emergency
as
4
proclaimed
by
the
governor
pursuant
to
section
29C.6
or
a
major
5
disaster
as
declared
by
the
president
of
the
United
States
6
or
on
account
of
the
maintenance
or
use
of
any
equipment
or
7
supplies
in
connection
therewith.
Good
faith
shall
not
include
8
willful
misconduct,
gross
negligence,
or
recklessness.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
concerns
actions
by
the
state,
and
its
officers,
13
employees,
or
agents,
in
response
to
a
disaster
emergency
14
proclamation.
15
New
Code
section
29C.20D
provides
that
the
state
and
any
16
of
its
officers,
employees,
or
agents
shall
not
be
liable
on
17
account
of
any
act
or
omission
in
good
faith
while
engaged
in
a
18
response
to
a
declared
disaster
emergency
by
the
governor
or
a
19
major
disaster
as
declared
by
the
president.
20
-1-
LSB
5247DP
(3)
89
ec/rn
1/
1