District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0423 Compare Versions

Only one version of the bill is available at this time.

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11	11	July 10, 2023
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue, NW
16	16	Washington, DC 20004
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18	18	Dear Secretary Smith:
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20	20	Today, along with Councilmembers Brooke Pinto, Brianne K. Nadeau, and Robert C. White, Jr., I
21	21	am introducing the “Architect and Engineer Good Samaritan Act of 2023.” Please find enclosed
22	22	a signed copy of the legislation.
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24	24	In response to natural and human-made disasters and emergencies, we rely on licensed
25	25	professionals to voluntarily render aid. To make sure that these licensed professionals are not
26	26	discouraged from providing that critical assistance, current law protects some types of
27	27	professionals against civil liability when rendering aid to those in need. This type of law is known
28	28	as a “Good Samaritan” law, and it is frequently invoked in situations involving help provided by
29	29	physicians in medical or life-threatening emergencies.
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31	31	Architects and registered civil, geotechnical, and structural engineers are more than willing to
32	32	volunteer their skills and time to help communities rebuild and safely respond to natural or
33	33	human-made disasters. For example, these professionals may be called on by state or local
34	34	emergency management agencies to provide immediate post-crisis safety and habitability
35	35	evaluations of homes, buildings, or other infrastructure in the event of a fire, building collapse,
36	36	or severe weather. Forty-one states across the country – including Maryland and Virginia -- have
37	37	Good Samaritan laws in place to protect architects and engineers who provide disaster assistance
38	38	from civil liability.
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40	40	This legislation would have the District join the supermajority of states across the country by
41	41	providing immunity from civil damages, absent gross negligence or willful misconduct, to licensed
42	42	architects or professional engineers who, in good faith and without compensation, utilize their
43	43	professional skills in providing rescue or relief assistance at the scene of or in connection with a
44	44	natural or human-made disaster or other life-threatening emergency.
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46	46	Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions
47	47	or for additional information.
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49	49	Sincerely,
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51	51	Charles Allen, Ward 6 Councilmember
52	52	Chairperson, Committee on Transportation & the Environment
53	53	Vice Chair, Metropolitan Washington Council of Governments
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55	55	___________________________ ______________________________ 1
56	56	Councilmember Brooke Pinto Councilmember Charles Allen 2
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59	59	___________________________ ______________________________ 5
60	60	Councilmember Brianne K. Nadeau Councilmember Robert C. White, Jr. 6
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64	64	A BILL 10
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66	66	________ 12
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69	69	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15
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71	71	_________________ 17
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74	74	To provide civil immunity, absent gross negligence or willful misconduct, to licensed architects 20
75	75	and professional engineers who, in good faith and without compensation, utilize their 21
76	76	professional skills in providing rescue or relief assistance at the scene of or in connection 22
77	77	with a natural or human-made disaster or other life-threatening emergency. 23
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79	79	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMB IA, That this 25
80	80	act may be cited as the “Architect and Engineer Good Samaritan Act of 2023”. 26
81	81	Sec. 2. Civil immunity for voluntary practice of architecture or professional engineering 27
82	82	at scene of disaster or emergency. 28
83	83	Any licensed architect or licensed professional engineer who, in good faith and without 29
84	84	compensation, voluntarily utilizes their professional skills in providing rescue or relief assistance 30
85	85	at the scene of or in connection with a natural or human-made disaster or other life-threatening 31
86	86	emergency, shall not be liable, in the absence of gross negligence or willful misconduct, for any 32
87	87	civil damages for acts or omissions on their part resulting from the rendering of such assistance. 33
88	88	Sec. 3. Fiscal impact statement. 34
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90	90	The Council adopts the fiscal impact statement in the committee report as the fiscal 35
91	91	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 36
92	92	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 37
93	93	Sec. 4. Effective date. 38
94	94	This act shall take effect following approval by the Mayor (or in the event of veto by the 39
95	95	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 40
96	96	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 41
97	97	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 42
98	98	Columbia Register. 43