Connecticut 2021 Regular Session Status: In Committee 1 R cosponsors

SB 939 — AN ACT CONCERNING THE CIVIL LIABILITY OF A PHYSICIAN WHO ASSISTS A SWAT TEAM AND AN ARCHITECT WHO EVALUATES SAFETY ELEMENTS IN THE AFTERMATH OF A MAJOR DISASTER OR EMERGENCY.

Last action — FILE NO. 609

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

161 added · 17 removed

161 line(s) added, 17 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
939 January Session, 2021 LCO No.
609 January Session, 2021 Substitute Senate Bill No.
3765 Referred to Committee on JUDICIARY Introduced by:
939 Senate, April 26, 2021 The Committee on Judiciary reportedthrough SEN.
(JUD) AN ACT PROVIDING IMMUNITY FROM CIVIL LIABILITY TO A PHYSICIAN WHO ACCOMPANIES AND ASSISTS A STATE, REGIONAL OR MUNICIPAL SWAT TEAM.
WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE CIVIL LIABILITY OF A PHYSICIAN WHO ASSISTS A SWAT TEAM AND AN ARCHITECT WHO EVALUATES SAFETY ELEMENTS IN THE AFTERMATH OF A MAJOR DISASTER OR EMERGENCY.
sSB939 / File No.
609 1 sSB939 File No.
609 Sec.
2.
(NEW) (Effective October 1, 2021) (a) Any architect licensed pursuant to chapter 390 of the general statutes who, at the request of, under the direction of, or in connection with a public safety official, voluntarily and without compensation, acts in good faith to assist such official evaluating the safety of elements of a built environment in the aftermath of a major disaster or emergency, as those terms are defined in section 28-1 of the general statutes, shall:
(1) Be held to the same standard of care applicable to a public safety official who would have performed an evaluation of the safety elements of a built environment, if not for the major disaster or emergency, and (2) Be subject to civil liability only upon a finding that the architect failed to act as a reasonably prudent public safety official, as applicable to the circumstances, would have acted under the same or similar circumstances.
(b) The provisions of subsection (a) of this section shall exclusively apply to acts or omissions by an architect that occur during the time period that a declaration of a civil preparedness emergency pursuant to section 28-9 of the general statutes is effective or for sixty days after the issuance of such declaration, whichever is longer.
(c) For purposes of this section:
(1) "Built environment" means a human-made environment, including homes, buildings, streets, sidewalks, parks and transportation, energy and other infrastructure;
and (2) "Public safety official" means:
(A) A state or municipal police officer or firefighter;
(B) A building official or assistant building official under section 29- 261 of the general statutes or the State Building Inspector or his or her designee under section 29-252 of the general statutes;
(C) A member of a community emergency response team that is sSB939 / File No.
609 2 sSB939 File No.
609 activated by the Department of Emergency Services and Public Protection,alocalemergencypreparednessofficialoramunicipalpolice agency;
(D) An official from the Department of Emergency Services and Public Protection;
or (E) An official from the Federal Emergency Management Agency.
LCO No.
Section 1 October 1, 2021 New section Sec.
3765 1 of 2 Raised Bill No.
2 October 1, 2021 New section JUD Joint Favorable Subst.
939 Section 1 October 1, 2021 New section Statement of Purpose:
sSB939 / File No.
To provide immunity to a physician who accompanies and assists a state, regional or municipal SWAT team.
609 3 sSB939 File No.
[Proposed deletions are enclosed in brackets.
609 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
3765 2 of 2
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill grants civil immunity to physicians and architects in specified situations and does not result in a fiscal impact to the state or municipalities.
The Out Years State Impact:
None Municipal Impact:
None sSB939 / File No.
609 4 sSB939 File No.
609 OLR Bill Analysis sSB 939 AN ACT CONCERNING THE CIVIL LIABILITY OF A PHYSICIAN WHO ASSISTS A SWAT TEAM AND AN ARCHITECT WHO EVALUATES SAFETY ELEMENTS IN THE AFTERMATH OF A MAJOR DISASTER OR EMERGENCY.
SUMMARY This bill specifically grants civil immunity to physicians who voluntarily, without compensation, and other than in the course of employment or practice, give emergency medical assistance in connection with a special weapons and tactics (SWAT) team’s law enforcement duties.
The bill also grants civil immunity to architects who assist certain public safety officials in evaluating the safety of built environment elements following certain major disasters or emergencies.
EFFECTIVE DATE:
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October 1, 2021 PHYSICIANS’ IMMUNITY Under the bill:
1.
physicians are not liable for civil damages for personal injuries resulting from ordinary negligence in their acts or omissions in giving the assistance described above;
2.
theimmunityapplieswhetherthephysiciansareassistingastate, regional, or local SWAT team;
and 3.
as under existing law, the immunity does not apply to gross, willful, or wanton negligence.
Existing law already grants civil immunity for ordinary negligence to physicians who voluntarily, without compensation, and other than in sSB939 / File No.
609 5 sSB939 File No.
609 the ordinary course of employment or practice, give emergency assistance to people in need (CGS § 52-557b(a)).
ARCHITECTS’ IMMUNITY Under the bill, to receive civil immunity, the architect’s assistance must be:
1.
at the request of, under the direction of, or in connection with a public safety official;
2.
voluntary and without compensation;
and 3.
done in good faith.
An architect whose assistance meets these requirements is not liable for civil damages unless he or she failed to act as a reasonably prudent public safety official would have acted under the same or similar circumstances.
Additionally, the bill applies to these architects the same standard of care that applies to public safety officials evaluating built environment (see below) elements during situations other than major disasters or emergencies (it is not clear what that standard of care is under existing law).
These provisions apply to an architect’s acts or omissions that occur during the time period a civil preparedness emergency declaration is effective or for 60 days after the declaration is issued, whichever is longer.
DEFINITIONS Built Environment Under the bill, a “built environment” is a human-made environment, including homes, buildings, streets, sidewalks, and parks as well as transportation, energy, and other infrastructure.
Public Safety Official Additionally, under the bill, a “public safety official” is (1) a state or municipalpoliceofficerorfirefighter;(2)abuildingorassistantbuilding sSB939 / File No.
609 6 sSB939 File No.
609 official;
(3) the state building inspector or his designee;
(4) a community emergency response team member activated by the Department of Emergency Services and Public Protection (DESPP), a local emergency preparedness official, or a municipal police agency;
(5) a DESPP official;
or (6) a Federal Emergency Management Agency official.
Major Disaster By law, and under the bill, a “major disaster” is any catastrophe, including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, any fire, flood, explosion, or man-made disaster in Connecticut that (1) the president determines causes damage that warrants major disaster assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to supplement the efforts and available resources of the state, municipal governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering the catastrophe caused or (2) the governor determines requires a civil preparedness emergency declaration (CGS § 28-1(2)).
Emergency Additionally, an “emergency” is any instance in which the governor or president determines state or federal assistance is needed to supplement state or local efforts and capabilities to save lives and protect property, publichealthand safety,or to avert or lessenthethreat of a disaster or catastrophe in Connecticut (CGS § 28-1(3)).
COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 33 Nay 1 (04/09/2021) sSB939 / File No.
609 7
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Action History

  1. FILE NO. 609

  2. SENATE CALENDAR NUMBER 344

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/26/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0315

  9. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 939?
SB 939 is sponsored by Craig C. Fishbein (Republican).
What is the current status of SB 939?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 939?
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