OLR Bill Analysis

sHB 5506

AN ACT CONCERNING GOOD SAMARITAN PROTECTIONS.

SUMMARY:

This bill extends immunity from civil liability for ordinary negligence to certain people who help someone taking refuge at temporary emergency shelters established by a municipality, other political subdivision, or nonprofit organization after the governor declares a civil preparedness emergency. The immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence.

The bill also makes a technical change.

EFFECTIVE DATE: October 1, 2012, except the technical change is effective upon passage.

IMMUNITY AT TEMPORARY EMERGENCY SHELTERS

The bill provides immunity, under specified circumstances, at emergency shelters after the governor declares a civil preparedness emergency. For the immunity to apply, the shelter must be established either by (1) the chief elected or executive officer of a city, town, municipality, borough, or other unit of local government (i. e. , a political subdivision) or (2) a tax-exempt nonprofit organization. The facility must provide emergency shelter for state residents, for a limited time.

The immunity applies to the political subdivision's or nonprofit organization's employees, officers, and agents, as well as to volunteers helping them to operate the shelter, who provide assistance to state residents at such shelters. The bill provides that these people are not liable to the assisted person for civil damages for personal injuries due to acts or omissions in providing the assistance that might constitute ordinary negligence.

BACKGROUND

Related Bill

sHB 5143 (File 173) requires insurers that sell commercial risk insurance policies or riders that cover food spoilage to cover to the same extent donations of perishable food to temporary emergency shelters, under certain circumstances and subject to several limitations. It, with some exceptions, exempts a food establishment that makes a donation under these provisions from civil or criminal liability resulting from the food's nature, age, condition, or packaging.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

42

Nay

0

(03/26/2012)