Affidavit of Scrivener's Error; revise recording of.
Impact
The enactment of HB 1351 will have significant implications for state laws governing liability and professional conduct in times of emergency. It creates a specific classification of 'Good Samaritan' services for architects and engineers, who are previously vulnerable to lawsuits when operating outside of their typical business capacity. The bill delineates the conditions under which this immunity is granted, further emphasizing the professional and ethical duties required of these professionals during emergencies. By allowing non-licensed professionals to operate under these provisions, it expands the available workforce in times of crisis.
Summary
House Bill 1351, known as the Mississippi Architects and Engineers Good Samaritan Act, aims to provide legal immunity for architects and engineers who offer safety assessment services during emergencies. The bill modifies existing laws regarding property deeds, specifically related to the execution of scrivener's error affidavits. By establishing a framework for these professionals to operate without fear of litigation while providing essential services during disasters, the bill encourages timely assistance in evaluation and remediation efforts during crises.
Sentiment
Overall sentiment around HB 1351 appears to be favorable among proponents who argue that it enables critical support in emergency situations without the burden of potential lawsuits hindering response efforts. Advocates perceive the bill as an essential step to bolster public safety and ensure structural integrity while conditions are still dire. However, there may be concerns raised by opponents about the implications of out-of-state professionals being exempt from licensure requirements, which could raise issues of accountability and standards.
Contention
While HB 1351 aims to facilitate a quicker response to emergencies through liability protection, some discussions allude to potential drawbacks in its application. Various stakeholders, including legal experts and professional associations, have highlighted that while immunity is necessary for aiding in disaster situations, careful consideration must be given to prevent misconduct or inadequately performed assessments under the guise of volunteer service. The limitation of liability only applies to specific safety assessment scenarios, underscoring the delicate balance between encouraging assistance and maintaining professional standards.
To Amend The Law Concerning Scrivener's Affidavits; And To Allow A Licensed Engineer, Surveyor, Or Notary Public To Execute And Record A Scrivener's Affidavit In Certain Circumstances.