CHAPTER 191
HB 292 – FINAL VERSION
12Mar2015… 0210h
05/28/2015 1861s
11June2015… 2106EBA
2015 SESSION
06/04
HOUSE BILL 292
AN ACT expanding the good samaritan law to engineers and architects.
SPONSORS: Rep. Chandler, Carr 1; Rep. Berch, Ches 1; Rep. Abrami, Rock 19; Rep. Wallner, Merr 10; Rep. Lovejoy, Rock 36; Rep. Ebel, Merr 5; Sen. Fuller Clark, Dist 21
This bill grants civil immunity to licensed engineers and architects rendering assistance in an emergency in the absence of gross negligence or willful misconduct.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2015… 0210h
05/28/2015 1861s
11June2015… 2106EBA
15-0599
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT expanding the good samaritan law to engineers and architects.
Be it Enacted by the Senate and House of Representatives in General Court convened:
191:1 New Section; Liability Limited; Licensed Engineers and Architects. Amend RSA 508 by inserting after section 12-b the following new section:
508:12-c Liability Limited; Licensed Engineers and Architects.
I. Any engineer or engineering firm, architect, or architectural firm licensed pursuant to RSA 310-A who, in good faith, voluntarily and without charge or compensation, acting under the direction of the director of the division of homeland security and emergency management, the state fire marshal, or a town or city emergency management director who is managing a natural or human caused disaster or other life-threatening emergency, provides professional advice or assistance in connection with such disaster or emergency, shall not be liable for any civil damages alleged to have been caused by the acts or omissions of such licensed professional or firm in providing the requested professional advice or assistance, subject to the following conditions:
(a) The service rendered applies to the practice of engineering or architecture and concerns any building, structure, or system, whether publicly or privately owned, that is involved in or affected by the disaster or emergency;
(b) The service rendered relates to the structural integrity of the entire building or system or any portion thereof, or to a nonstructural element of the structure or system, affecting public safety; and
(c) The service is rendered during the time in which the emergency exists.
II. The immunity granted by this section shall not apply to acts or omissions constituting gross negligence, or wanton or willful misconduct.
191:2 Contingent Renumbering. If HB 415 of the 2015 regular legislative session becomes law, RSA 508:12-c as inserted by section 1 of this act shall be renumbered as RSA 508:12-d.
191:3 Effective Date. This act shall take effect upon its passage.
Approved: July 6, 2015
Effective Date: July 6, 2015