Louisiana 2010 Regular Session

Louisiana House Bill HB1318

Introduced
4/19/10  

Caption

Provides relative to immunity of personnel while engaged in emergency preparedness activities

Impact

The implications of HB 1318 are significant for state laws regarding liability in emergency situations. By expanding the definition of those eligible for immunity, the bill aims to provide assurance to public officers that they will not be held personally accountable for decisions made in the heat of an emergency. This shift in liability could facilitate quicker decision-making and mobilization of resources during crises. However, it also raises questions about accountability and potential misuse of this immunity, given that it could shield individuals even in cases of negligence not amounting to willful misconduct.

Summary

House Bill 1318, sponsored by Representative Henderson, focuses on providing immunity to personnel engaged in emergency preparedness and homeland security activities. This legislation aims to amend existing laws to include public officers within the immunity provisions, thereby protecting them from liability for deaths, injuries, or property damage that may occur when they are acting within the scope of their duties during emergency situations. The bill is intended to encourage public officials and employees to act decisively in emergency scenarios without fear of legal repercussions.

Sentiment

Overall sentiment around HB 1318 appears to be supportive among those who prioritize efficiency in emergency response. Advocates argue that the legislation is crucial to ensuring that public safety officials can operate effectively during crises without the fear of litigation. Conversely, there are concerns among critics regarding the breadth of immunity granted to public officers, as it may lead to a lack of accountability that could undermine the principles of public service and trust in governance. This division signifies a broader debate about the balance between empowering officials and ensuring checks on their power in critical moments.

Contention

The primary contention surrounding HB 1318 lies in the balance of protecting emergency personnel while ensuring that accountability is not lost. Critics of the bill suggest that expanding immunity to include public officers could lead to scenarios where individuals act without sufficient regard for public safety due to a lack of personal liability. Ensuring that there are adequate checks on the use of such immunity remains a central point of discussion, as stakeholders weigh the need for swift action in emergencies against the potential for lapses in professional conduct that could jeopardize public safety.

Companion Bills

No companion bills found.

Previously Filed As

LA SB435

Provides relative to certain immunity from civil liability during state of emergencies. (gov sig)

LA HB645

Provides relative to emergency and disaster management

LA HB933

Provides relative to emergency preparedness among licensed nursing homes (EN INCREASE GF EX See Note)

LA HB759

Provides relative to the Governor's Office of Homeland Security and Emergency Preparedness (OR INCREASE GF EX See Note)

LA HB274

Provides relative to the Governor's Office of Homeland Security and Emergency Preparedness (EN SEE FISC NOTE GF EX)

LA HB397

Provides relative to parish homeland security and emergency preparedness agency requests during an emergency

LA HB1070

Provides relative to the Governor's Office of Homeland Security and Emergency Preparedness (EN +$1,044,695 SD EX See Note)

LA SB546

Provides relative to parish emergency preparedness directors. (gov sig)

LA HB388

Provides relative to emergency management

LA HB358

Provides relative to emergency management

Similar Bills

No similar bills found.