CCS HCS SS SB 732, 2016 (Amended Section - as Truly Agreed)
44.023. 1. The Missouri state emergency management agency
shall establish and administer an emergency volunteer program
to be activated in the event of a disaster whereby volunteer
architects, [and professional] engineers
[registered] licensed
under chapter
327, any individual including, but not limited to, building
officials and building inspectors employed by local governments,
qualified by training and experience, who has been certified
by the state emergency management agency, and who performs his
or her duties under the direction of an architect or engineer
licensed under chapter 327, and construction contractors,
equipment dealers and other owners and operators of construction
equipment may volunteer the use of their services and equipment,
either manned or unmanned, for up to [three] five
consecutive days for in-state deployments as requested
and needed by the state emergency management agency.
2.
In the event of a disaster, the enrolled volunteers shall, where
needed, assist local jurisdictions and local building inspectors
to provide essential demolition, cleanup or other related services
and to determine whether [buildings] structures
affected by a disaster:
(1)
Have not sustained serious damage and may be occupied;
(2)
Must be [vacated temporarily] restricted in
their use pending repairs; or
(3)
[Must be demolished in order to avoid hazards to occupants
or other persons] Are unsafe and shall not be occupied
pending repair or demolition.
3.
Any person when utilized as a volunteer under the emergency volunteer
program shall have his or her incidental expenses paid
by the local jurisdiction for which the volunteer service is
provided. Enrolled volunteers under the emergency volunteer
program shall be provided workers' compensation insurance by
the state emergency management agency during their official duties
as authorized by the state emergency management agency.
4.
Emergency volunteers who are certified by the state emergency
management agency shall be considered employees of the state
for purposes of the emergency mutual aid compact under section
44.415 and shall be eligible for out- of-state deployments in
accordance with such section.
5.
Architects, [and professional] engineers,
individuals including, but not limited to, building officials
and building inspectors employed by local governments, qualified
by training and experience, who have been certified by the state
emergency management agency, and who perform their duties under
the direction of an architect or engineer licensed under chapter
327, construction contractors, equipment dealers and other
owners and operators of construction equipment and the companies
with which they are employed, working under the emergency volunteer
program, shall not be personally liable either jointly or separately
for any act or acts committed in the performance of their official
duties as emergency volunteers except in the case of willful
misconduct or gross negligence.
[5.]
6. Any individuals, employers, partnerships, corporations
or proprietorships, that are working under the emergency volunteer
program providing demolition, cleanup, removal or other related
services, shall not be liable for any acts committed in the performance
of their official duties as emergency volunteers except in the
case of willful misconduct or gross negligence.