1 July 10, 2023 Nyasha Smith, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue, NW Washington, DC 20004 Dear Secretary Smith: Today, along with Councilmembers Brooke Pinto, Brianne K. Nadeau, and Robert C. White, Jr., I am introducing the “Architect and Engineer Good Samaritan Act of 2023.” Please find enclosed a signed copy of the legislation. In response to natural and human-made disasters and emergencies, we rely on licensed professionals to voluntarily render aid. To make sure that these licensed professionals are not discouraged from providing that critical assistance, current law protects some types of professionals against civil liability when rendering aid to those in need. This type of law is known as a “Good Samaritan” law, and it is frequently invoked in situations involving help provided by physicians in medical or life-threatening emergencies. Architects and registered civil, geotechnical, and structural engineers are more than willing to volunteer their skills and time to help communities rebuild and safely respond to natural or human-made disasters. For example, these professionals may be called on by state or local emergency management agencies to provide immediate post-crisis safety and habitability evaluations of homes, buildings, or other infrastructure in the event of a fire, building collapse, or severe weather. Forty-one states across the country – including Maryland and Virginia -- have Good Samaritan laws in place to protect architects and engineers who provide disaster assistance from civil liability. This legislation would have the District join the supermajority of states across the country by providing immunity from civil damages, absent gross negligence or willful misconduct, to licensed architects or professional engineers who, in good faith and without compensation, utilize their professional skills in providing rescue or relief assistance at the scene of or in connection with a natural or human-made disaster or other life-threatening emergency. 2 Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions or for additional information. Sincerely, Charles Allen, Ward 6 Councilmember Chairperson, Committee on Transportation & the Environment Vice Chair, Metropolitan Washington Council of Governments 1 ___________________________ ______________________________ 1 Councilmember Brooke Pinto Councilmember Charles Allen 2 3 4 ___________________________ ______________________________ 5 Councilmember Brianne K. Nadeau Councilmember Robert C. White, Jr. 6 7 8 9 A BILL 10 11 ________ 12 13 14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15 16 _________________ 17 18 19 To provide civil immunity, absent gross negligence or willful misconduct, to licensed architects 20 and professional engineers who, in good faith and without compensation, utilize their 21 professional skills in providing rescue or relief assistance at the scene of or in connection 22 with a natural or human-made disaster or other life-threatening emergency. 23 24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMB IA, That this 25 act may be cited as the “Architect and Engineer Good Samaritan Act of 2023”. 26 Sec. 2. Civil immunity for voluntary practice of architecture or professional engineering 27 at scene of disaster or emergency. 28 Any licensed architect or licensed professional engineer who, in good faith and without 29 compensation, voluntarily utilizes their professional skills in providing rescue or relief assistance 30 at the scene of or in connection with a natural or human-made disaster or other life-threatening 31 emergency, shall not be liable, in the absence of gross negligence or willful misconduct, for any 32 civil damages for acts or omissions on their part resulting from the rendering of such assistance. 33 Sec. 3. Fiscal impact statement. 34 2 The Council adopts the fiscal impact statement in the committee report as the fiscal 35 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 36 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 37 Sec. 4. Effective date. 38 This act shall take effect following approval by the Mayor (or in the event of veto by the 39 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 40 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 41 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 42 Columbia Register. 43