Mississippi House Bill HB1397

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Mississippi Architects and Engineers Good Samaritan Act; create.

Impact

If enacted, HB 1397 would reshape how emergency services are coordinated by facilitating contributions from private sector professionals during disasters. The bill establishes a clear definition of safety assessment services and ensures that those operating in emergencies are protected from liability as long as they comply with the act’s stipulations. This would likely encourage greater mobilization of skilled professionals to assist in times of crisis, potentially enhancing the safety and security of communities affected by disasters.

Summary

House Bill 1397, known as the Mississippi Architects and Engineers Good Samaritan Act, seeks to provide legal immunity to registered architects and professional engineers for civil claims that arise from their provision of safety assessment services during declared states of emergency. This is applicable only when the services are performed at the request of or with the approval of authorized public officials. The intent of the bill is to encourage professionals to assist in disaster-response activities without the fear of incurring legal liability for their actions taken in good faith.

Contention

Notably, there may be concerns regarding the implications of the immunity provided under this act. Critics could argue that it may lead to a reduction in accountability for professionals if they perform inadequately during emergencies and that such immunity should not extend to cases involving gross negligence or willful misconduct. The act emphasizes that immunity does not apply in situations of wanton or intentional misconduct, yet the interpretation of what constitutes 'negligence' or 'good faith' actions could lead to legal disputes that challenge the effectiveness of the bill's protective measures.