Public/Private Legal Preparedness Initiative
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Six States Pass Entity Emergency Liability Protection in 2009

During the first six months of 2009, six state legislatures have passed laws that provide liability protection for businesses and non-profit entities that assist their governments during emergencies (Arkansas, Louisiana, Minnesota, Oklahoma, Oregon, and Virginia).

These states join five previous states that revised their entity liability protection provisions in the 2007 and 2008 legislative sessions (Georgia, Iowa, North Carolina, Utah, and Washington).  See the map and table below.

A total of 28 state jurisdictions (including the District of Columbia) have now developed entity emergency liability protection.  In addition to the eleven states listed above, 15 states have determined that entity liability protection is provided under the terms of their existing law. (Alabama, Delaware, District of Columbia, Idaho, Kansas, Michigan, Mississippi, Nevada, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, and Wisconsin.)  The states of Florida and South Carolina have administrative arrangements in place to provide liability protection to business and non-profit organizations.  (Get details about this “work around” approach.)

Given the prospect of a reappearance of a novel H1N1 swine flu this winter, it is timely that significant progress has taken place to encourage voluntary public / private cooperation in emergency situations.

blue square Protection under existing law red square Newly Enacted Protection green square Administrative Arrangement in Place

Map of US showing states with emergency liability protection

 

States with Entity Emergency Liability Protection Enacted Since 2007

State Legislation
Arkansas Regular Session Act 432 (2009)  – The Uniform Emergency Volunteer Health Practitioners Act; see Arkansas Code §12-87-102 and §12-87-111(c).
Georgia Georgia Corporate Good Samaritan Act of 2008; see
O.C.G.A. § 51-1-29.2  (2008)
Iowa House File 925 (2007), Section 21
Also see Iowa Code 135.147 
Louisiana House Bill 554 (2009) RS 29:735.3.1
Also see Senate Bill 107 (2009), RS 29:791
Minnesota MN Session Laws (2009) Regular Session, Chapter 41 – S.F.No. 1462; see Sec.6., Subd. 3. Liability Protection for closed POD’s
North Carolina Senate Bill 1766 (2008) - North Carolina Liability Protection for Private Entities Act of 2008
Oklahoma Enrolled House Bill 1678 (2009); see Section H. 
Oregon House Bill 3021 (2009); see Section 4
Utah House Bill  277 Enrolled (2008), and Utah Code 58-13-2.6 and 26-21-2(18) as revised in 2007 and 2008.
Virginia House Bill 1983 (2009), Virginia Code § 44-146.23 -  Immunity from liability.
Washington House Bill 1073 (2007).  RCW 38.52.180