The Labor, Commerce and Industry Committee proposes the following Amendment No. 1 to S. 1137 (COUNCIL\MS\7819AB12):

Reference is to Printer's Date 4/20/12-S.

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION      1.      This act may be cited as the "Architects' and Engineers' Volunteer Act".

SECTION      2.      Chapter 3, Title 40 of the 1976 Code is amended by adding:

     "Section 40-3-325.      A licensed architect under the provisions of this chapter is immune from liability for volunteer architectural services provided during an emergency in the same manner as a licensed engineer is immune for volunteer engineering services as provided in Section 40-22-295. This section does not provide immunity from liability for persons merely registered in this state pursuant to Section 40-3-260."

SECTION      3.      Chapter 22, Title 40 of the 1976 Code is amended by adding:

     "Section 40-22-295.      (A)      A licensed engineer who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed engineer's acts, errors, or omissions in performing the engineering services for a structure, building, piping, or other engineered system, either publicly or privately owned. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency.
     (B)(1)      Any licensed engineer appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering services unless the damages result from providing, or failing to provide engineering services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness.
           (2)      This section applies if the engineer does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer is an employee of the State, the engineer may continue to receive compensation from his employer.
     (C)      This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75."

SECTION      4.      This act takes effect upon approval by the Governor. /

Renumber sections to conform.
Amend title to conform.