Introduced Version






SENATE BILL No. 393

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2; IC 34-30-27.

Synopsis: Civil immunity for services in emergency. Provides civil immunity to a registered architect or professional engineer who provides professional services without compensation related to a declared emergency.

Effective: Upon passage.





Merritt




    January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

SENATE BILL No. 393



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-6-2-16.5; (12)IN0393.1.1. -->     SECTION 1. IC 34-6-2-16.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16.5. "Building inspection official", for purposes of IC 34-30-27, means any appointed or elected federal, state, or local official with executive responsibility to coordinate building inspections in the jurisdiction in which an emergency or event has occurred.
SOURCE: IC 34-6-2-73.4; (12)IN0393.1.2. -->     SECTION 2. IC 34-6-2-73.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 73.4. "Law enforcement official", for purposes of IC 34-30-27, means any appointed or elected federal, state, or local official with executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency or event has occurred.
SOURCE: IC 34-6-2-115.7; (12)IN0393.1.3. -->     SECTION 3. IC 34-6-2-115.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 115.7. "Professional

engineer", for purposes of IC 34-30-27, means a person registered under IC 25-31-1 as a professional engineer.

SOURCE: IC 34-6-2-124.3; (12)IN0393.1.4. -->     SECTION 4. IC 34-6-2-124.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 124.3. "Public official", for purposes of IC 34-30-27, means any federal, state, or locally elected official with executive responsibility in the jurisdiction in which an emergency or event has occurred.
SOURCE: IC 34-6-2-125.5; (12)IN0393.1.5. -->     SECTION 5. IC 34-6-2-125.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 125.5. "Public safety official", for purposes of IC 34-30-27, means any appointed or elected federal, state, or local official with executive responsibility to coordinate public safety in the jurisdiction in which an emergency or event has occurred.
SOURCE: IC 34-6-2-129.5; (12)IN0393.1.6. -->     SECTION 6. IC 34-6-2-129.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 129.5. "Registered architect", for purposes of IC 34-30-27, means a person registered under IC 25-4-1 as a registered architect.
SOURCE: IC 34-6-2-142.4; (12)IN0393.1.7. -->     SECTION 7. IC 34-6-2-142.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 142.4. "System", for purposes of IC 34-30-27, refers to any publicly or privately owned:
        (1) structure;
        (2) building;
        (3) facility;
        (4) project utility;
        (5) equipment;
        (6) machine;
        (7) process;
        (8) piping; or
        (9) other system.
SOURCE: IC 34-30-27; (12)IN0393.1.8. -->     SECTION 8. IC 34-30-27 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 27. Volunteer Professional Services of a Registered Architect or Professional Engineer Related to a Declared Emergency
    Sec. 1. A registered architect or professional engineer who, after March 31, 2012, voluntarily, without compensation (other than expense reimbursement), provides architectural, structural,

electrical, mechanical, or other design professional services:
        (1) related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event; and
        (2) at the request of or with the approval of a national, state, or local public official, law enforcement official, public safety official, or building inspection official believed by the registered architect or professional engineer to be acting in an official capacity;
is not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of any architectural or engineering services for any system.
    Sec. 2. The immunity provided in this chapter applies only to a voluntary architectural or engineering service that occurs during the emergency or not more than ninety (90) days after the end of the period for an emergency, disaster, or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers.
    Sec. 3. This chapter does not provide immunity for wanton, willful, or intentional misconduct.

SOURCE: ; (12)IN0393.1.9. -->     SECTION 9. An emergency is declared for this act.