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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1330 |
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AN ACT
Amending section 26‑314, Arizona Revised Statutes; amending title 26, chapter 3, article 1, Arizona Revised Statutes, by adding section 26‑404; relating to the emergency management assistance compact.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 26-314, Arizona Revised Statutes, is amended to read:
26-314. Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions
A. This state and its departments, agencies, boards and commissions and all political subdivisions are not liable for any claim based on the exercise or performance, or the failure to exercise or perform, a discretionary function or duty by any emergency worker, except for wilful misconduct, gross negligence or bad faith of the emergency worker, in engaging in emergency management activities or performing emergency functions pursuant to this chapter or title 36, chapter 6, article 9, including operating an unmanned aircraft or a public unmanned aircraft, while engaged in or supporting emergency management activities or performing emergency functions pursuant to this chapter or title 36, chapter 6, article 9.
B. The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability workers' compensation and other benefits that apply to the activity of officers, agents, employees or emergency workers of this state or of any political subdivision when performing their respective functions within this state or the territorial limits of their respective political subdivisions apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under this chapter or title 36, chapter 6, article 9, except for wilful misconduct, gross negligence or bad faith.
C. Emergency workers engaging in emergency management activities or performing emergency functions under this chapter or title 36, chapter 6, article 9, in carrying out, complying with or attempting to comply with any order or rule issued under this chapter, title 36, chapter 6, article 9 or any local ordinance, or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties have the same degree of responsibility for their actions and enjoy the same immunities and disability workers' compensation benefits as officers, agents and employees of this state and its political subdivisions performing similar work. Except as otherwise provided under chapter 3, article 1 of this title, this state and its departments, agencies, boards and commissions and all political subdivisions that supervise or control emergency workers engaging in emergency management activities or performing emergency functions under this chapter or title 36, chapter 6, article 9 are responsible for providing for liability coverage, including legal defense, of an emergency worker if necessary. Coverage is provided if the emergency worker is acting within the course and scope of assigned duties and is engaged in an authorized activity, except for actions of wilful misconduct, gross negligence or bad faith.
D. Any other state or its officers, agents, emergency workers or employees rendering aid in this state pursuant to any interstate mutual aid arrangement, agreement or compact are not liable on account of any act or omission in good faith on the part of the state or its officers, agents, emergency workers or employees while so engaged or on account of the maintenance or use of any equipment or supplies in connection with an emergency.
E. The division shall adopt rules prescribing the procedures for registration of emergency workers.
F. For the purposes of this section, "public unmanned aircraft" and "unmanned aircraft" have the same meanings prescribed in section 13‑3729.
Sec. 2. Title 26, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 26-404, to read:
26-404. Deployment of private sector workers to affected states; liability protection; definition
A. Pursuant to the emergency management assistance compact authorized by the Legislature in section 26-402, the governor of this state may deploy those officers, employees and members of a private entity or a registered and credentialed volunteer organization in this state who have volunteered to provide assistance to an affected state experiencing any emergency or disaster that is duly declared by the governor of the affected state.
B. Those officers, employees and members of a private entity or a registered and credentialed volunteer organization in this state who have volunteered to deploy under the emergency management assistance compact:
1. Are deemed emergency workers pursuant to section 26-314 when rendering aid to an affected state.
2. Are considered agents of the requesting state for tort liability and immunity purposes pursuant to article VI of the emergency management assistance compact authorized by section 26‑402.
3. Are not liable for any act or omission in good faith while so engaged or on account of maintaining or using any equipment or supplies in connection with an emergency pursuant to Article VI of the emergency management assistance compact authorized by section 26-402.
C. For the purposes of this section, "emergency worker" has the same meaning prescribed in section 26-301.