BILL ANALYSIS                                                                                                                                                                                                    



                                                                       SB 39
                                                                      Page 1 
           
          Date of Hearing:  June 23, 2009   

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                      SB 39 (Benoit) - As Amended:  May 13, 2009

                    PROPOSED CONSENT (As Proposed to Be Amended)

           SUBJECT  :  PERSONAL LIABILITY IMMUNITY: DISASTER SERVICE WORKERS

           KEY ISSUE :  SHOULD EXISTING LAW THAT PROVIDES IMMUNITY FOR  
          DISASTER SERVICE WORKERS BE CLARIFIED TO ENSURE THAT THESE  
          WORKERS ENJOY IMMUNITY FOR THEIR SERVICES WHEN PERFORMED  
          THROUGHOUT THE JURISDICTION COVERED BY THE EMERGENCY?

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS

          This non-controversial bill clarifies existing law that extends  
          immunity to disaster service workers, in order to further the  
          Legislature's intent to encourage people to assist others in a  
          state of emergency, without fear of liability for their acts.   
          The bill provides helpful clarification that disaster service  
          workers shall not be liable for civil damages for injury or  
          death resulting from their acts or omissions in performing  
          disaster services anywhere within the jurisdiction covered by  
          the state of emergency, unless the act or omission is willful.   
          The immunity applies only when the worker is acting within the  
          scope of his or her responsibilities under the authority of the  
          governmental emergency organization.  This bill was approved in  
          the Senate on May 18, 2009 by a vote of 36-0.  The bill is  
          supported by the Civil Justice Association of California, the  
          City of Beverly Hills, and the National Ski Patrol.  The author  
          worked very closely with the Chair of this Committee as well as  
          with representatives of the Consumer Attorneys of California    
          to ensure this measure is completely complimentary and  
          consistent with AB 83 (Good Samaritans), which it is.  The bill  
          has no known opposition.
           
          SUMMARY  :  Clarifies the immunity extended to disaster service  
          workers who provide assistance during an emergency.   









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          Specifically,  this bill  : 

          1)Provides that disaster service workers who are performing  
            disaster services during a state of war emergency, a state of  
            emergency, or a local emergency, shall not be liable for civil  
            damages for personal injury or death resulting from the  
            workers' act or omission while performing services anywhere  
            within the jurisdiction covered by the emergency, unless the  
            act or omission is willful.

          2)Provides that a disaster service worker is considered to be  
            performing disaster services when the worker is acting within  
            the scope of the worker's responsibilities, and under the  
            authority of the governmental emergency organization.

          3)Defines "governmental emergency organization" as the emergency  
            organization of any state, city, city and county, county,  
            district, or other local governmental agency or public agency,  
            which is authorized pursuant to the California Emergency  
            Services Act (Government Code section 8550 et seq.).

          4)Provides that the act is an urgency statute made necessary by  
            the California Supreme Court's recent ruling in Van Horn v.  
            Watson (2008) 45 Cal.4th 322, which narrowly interpreted the  
            more general Good Samaritan statute, and which calls into  
            question the protections that other volunteer emergency  
            service providers may have.

          5)Provides that the amended statute will only apply to legal  
            actions filed on or after the date that the amended statute  
            goes into effect.

           EXISTING LAW  :

          1)Provides that a person has no general duty to come to the aid  
            of another, but that if he or she decides to undertake to  
            assist another (acting as a "Good Samaritan"), then the Good  
            Samaritan does have a duty to use reasonable care.  (Artiglio  
            v. Corning (1998) 18 Cal.4th 604; Williams v. State of  
            California (1983) 34 Cal.3d 18.)

          2)Provides that individuals providing emergency care in good  
            faith at the scene of an emergency are not liable for damages  









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            resulting from medical care, but are liable for damages  
            resulting from nonmedical care.  (Health and Safety Code  
            section 1799.102, as interpreted by Van Horn v. Watson (2008)  
            45 Cal.4th 322.)

          3)Provides that no disaster service worker who is performing  
            disaster services ordered by lawful authority during a state  
            of war emergency, a state of emergency, or a local emergency,  
            shall be liable for civil damages for personal injury or death  
            resulting from the workers' act or omission in the line of  
            duty, unless the act or omission is willful.  (Civil Code  
            section 1714.5.)

          4)Provides that individuals who own or maintain disaster  
            shelters, as specified, shall not be liable for personal  
            injuries, except those resulting from willful acts or  
            omissions.  (Civil Code section 1714.5.)
           
          COMMENTS  :  Last December, in Van Horn v. Watson (2008) 45  
          Cal.4th 322, the California Supreme Court narrowly interpreted  
          an existing statute (Health and Safety Code section 1799.102)  
          that provides immunity for anyone who in good faith renders  
          "emergency care at the scene of an emergency."  In enacting this  
          statute in 1980, the Legislature sought to encourage people to  
          come to the aid of accident victims without fear of later being  
          sued for their efforts, should those efforts fail or  
          unintentionally even turn out to make matters worse. 

          In the Van Horn case, Lisa Torti pulled her friend and  
          co-worker, Alexandra Van Horn, from a crashed vehicle in Los  
          Angeles, fearing the vehicle was about to catch fire or even  
          explode and, in doing so, Torti may have worsened Van Horn's  
          injuries.  Van Horn later sued the driver, who in turn sued  
          Torti for exacerbating Van Horn's injuries.  The trial court  
          dismissed the action against Torti, finding that she was immune  
          from liability under section 1799.102 since she provided  
          "emergency care at the scene of an emergency."  However, an  
          appeals court then overturned the trial court ruling.  The  
          California Supreme Court, by a 4-3 vote, affirmed the appeals  
          court decision.  The Court held that the state's "Good  
          Samaritan" statute, when read as part of the overall statutory  
          scheme, only provides immunity to persons with respect to  
           medical  care at the scene of an emergency, not "non-medical"  









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          emergency assistance, such as pulling a person from a  
          potentially exploding automobile or a burning building.

          The Court stressed that its ruling was primarily one of  
          statutory interpretation; the Court found that Torti was not  
          covered by statutory immunity, but did not find that her actions  
          were unreasonable or blameworthy.  

           The Court's Narrow Statutory Interpretation In Van Horn Raised  
          Some Concerns Within Local Government About Whether Disaster  
          Service Workers' Immunity Could Inappropriately and  
          Inadvertently Be Interpreted Too Narrowly  .  The Court's  
          statutory interpretation in Van Horn turned in part on  
          construing the language of the statute in context, and  
          harmonizing it with other provisions related to the same subject  
          matter to the extent possible.  For example, the Court found  
          that since the Good Samaritan statute (Health and Safety Code  
          section 1799.102) was located in a code section entitled  
          "Emergency Medical Services," it must refer only to medical  
          care.  

          Supporter, the City of Beverly Hills, had some concerns after  
          the Van Horn decision that this same reasoning might  
          inadvertently limit disaster service workers' immunity as well.   
          In this case, the existing statutory provision providing  
          immunity to disaster service workers is located at the end of  
          Civil Code section 1714.5; the first part of that statute  
          provides immunity to those who own or maintain disaster  
          shelters.  City of Beverly Hills states, "Unfortunately, if the  
          analysis of Van Horn is applied to harmonize these provisions, a  
          court could conclude that Section 1714.5 has limited application  
          and does not provide the broad immunity we believe disaster  
          service workers experience today.  It is important to clarify  
          the scope of Section 1714.5, so that disaster service worker  
          immunity applies anywhere within the jurisdiction covered by the  
          emergency and trumps all other liability laws."

          The City of Beverly Hills was thus - prior to this measure's  
          helpful statutory clarifications - concerned that a court might  
          somehow limit a disaster service worker's immunity to contexts  
          involving a disaster shelter, since the immunity for disaster  
          service workers directly follows the immunity for disaster  
          shelters, within the same statute.  In order to address this  









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          concern, this bill provides that the immunity provided to a  
          disaster service worker applies when the worker is performing  
          disaster services "anywhere within any jurisdiction covered by  
          the emergency" and "notwithstanding any other provision of law."

           Author's Technical Amendment  :  In order to clarify that the  
          immunity provided disaster service workers logically covers all  
          those jurisdictions affected by the emergency, the author has  
          agreed to amend the bill at page 3, line 6 as follows:

          anywhere within the   any  jurisdiction covered by such emergency 

           PRIOR LEGISLATION :   AB 83 (Feuer) 2009:  Torts: Personal  
          liability immunity.  Provides that no person who in good faith  
          and not for compensation renders emergency medical or  
          non-medical care at the scene of an emergency shall be liable  
          for civil damages resulting from any act or omission unless the  
          act or omission was not in good faith (for medical, law  
          enforcement, and emergency personnel) or unless the act or  
          omission constituted gross negligence (for any other "layperson"  
          volunteer).
           
          REGISTERED SUPPORT/OPPOSITION  :  
           
           Support:  

          City of Beverly Hills
          Civil Justice Association of California (CJAC)
          National Ski Patrol

           Opposition  :  

          None on file


           Analysis Prepared by  :  Drew Liebert and Rachel Anderson / JUD. /  
          (916) 319-2334