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. SB 39 Page 2 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 SB 39 Page 3 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" SB 39 Page 4 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 SB 39 Page 5 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 withintheany 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