08
SB305/AP
Senate
Bill 305
By:
Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of
the 54th and Mullis of the 53rd
AS
PASSED
AN
ACT
To
amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia
Annotated, relating to organization and administration of emergency management,
so as to revise a provision relating to the licensing of nongovernmental rescue
organizations; to provide a short title; to amend Chapter 1 of Title 51 of the
Official Code of Georgia Annotated, relating to torts in general, so as to
revise certain provisions relating to liability of persons and entities in
emergency situations; to provide immunity from liability for manufacturers for a
defective product under certain circumstances; to provide for related matters;
to provide for an effective date and applicability; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Corporate Good Samaritan Act of
2008."
SECTION
2.
Article
2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating
to organization and administration of emergency management, is amended by
revising subsection (a) of Code Section 38-3-36, relating to the director
licensing nongovernmental rescue organizations, as follows:
"(a)
Except as otherwise provided by subsection (b) of this Code section, all
nongovernmental rescue organizations, associations, groups, teams, search and
rescue dog teams, or individuals, whether or not they are holders of a charter
issued by this state or officers thereof, shall be prohibited from performing
any rescue or emergency management type activity until the organization,
association, group, team, search and rescue dog team, or individual has been
licensed by the director of emergency management to perform the activities. It
is expressly declared that Articles 1 through 3 of this chapter shall not amend,
repeal, alter, or affect in any manner Code Section 51-1-29 or Code Section
51-1-29.2."
SECTION
3.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions concerning torts, is amended by revising Code Section 51-1-29.2,
relating to liability of persons acting to prevent, minimize, and repair injury
and damage resulting from catastrophic acts of nature, as follows:
"51-1-29.2.
(a)
Any natural person who voluntarily and without the expectation or receipt of
compensation provides services during a state of emergency and in a place of
emergency as declared by the Governor working in coordination with and under the
direction of the Georgia Emergency Management Agency or an appropriate state
agency consistent with their role under the Georgia Emergency Operations Plan
for the benefit of any individual to prevent or minimize injury to persons or
damage to property resulting from catastrophic acts whether natural or manmade,
including fire, flood, earthquake, wind, storm, or wave action, biological,
chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be
liable to any individual receiving such assistance as a result of any act or
omission in rendering such service if such person was acting in good faith and
unless the damage or injury was caused by the willful or wanton negligence or
misconduct of such person.
(b)
Any private for profit or nonprofit association, organization, or other legal
entity, and any officer, member, volunteer, or employee of such entity when such
entity is working in coordination with and under the direction of the Georgia
Emergency Management Agency or an appropriate state agency consistent with their
role under the Georgia Emergency Operations Plan during a state of emergency and
in a place of emergency as declared by the Governor that voluntarily and without
the expectation or receipt of compensation provides services or goods for the
benefit of any individual to prevent or minimize injury to persons or damage to
property resulting from catastrophic acts whether natural or manmade, including
fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or
nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any
individual receiving such assistance as a result of any act or omission in
rendering such service if such entity or person was acting in good faith and
unless the damage or injury was caused by the willful or wanton negligence or
misconduct of such entity or person.
(c)
Any person or private entity acting in cooperation with and under the direction
of the Georgia Emergency Management Agency or other state or local agency,
adopted by the Georgia Emergency Management Agency, who voluntarily and without
the expectation or receipt of compensation provides services or goods in
preparation for a possible state of emergency or participates in an exercise
drill consistent with the person´s or entity´s role under such plan
shall not be liable to any individual as a result of any act or omission in
rendering such services or goods if such person or entity was acting in good
faith and unless the damage or injury was caused by the willful or wanton
negligence or misconduct of such person or entity.
(d)
Nothing in this Code section shall be construed to repeal, alter, or limit in
any manner any other provision of law granting immunity or limiting liability.
Furthermore, nothing in this Code section shall be construed to abrogate any
state or local entity´s sovereign immunity."
SECTION
4.
Said
chapter is further amended in Code Section 51-1-11, relating to when privity is
required to support an action, product liability actions, and time limitation
therefor, by adding a new subsection to read as follows:
"(d)
A manufacturer shall not be held liable for the manufacture of a defective
product based on theories of market share, enterprise, or other theories of
industry-wide liability. A manufacturer of a product alleged to be defective
shall not be held liable for a public nuisance based on theories of market
share, enterprise, or other theories of industry-wide
liability."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to causes of action arising
on or after such date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.