44.023. Disaster volunteer program established, agency's duties--expenses--immunity from liability, exception. - Missouri Statutes

Disaster volunteer program established, agency'sduties--expenses--immunity from liability, exception.

44.023. 1. The Missouri state emergency management agency shallestablish and administer an emergency volunteer program to be activated inthe event of a disaster whereby volunteer architects and professionalengineers registered under chapter 327, RSMo, and construction contractors,equipment dealers and other owners and operators of construction equipmentmay volunteer the use of their services and equipment, either manned orunmanned, for up to three days as requested and needed by the stateemergency management agency.

2. In the event of a disaster, the enrolled volunteers shall, whereneeded, assist local jurisdictions and local building inspectors to provideessential demolition, cleanup or other related services and to determinewhether buildings affected by a disaster:

(1) Have not sustained serious damage and may be occupied;

(2) Must be vacated temporarily pending repairs; or

(3) Must be demolished in order to avoid hazards to occupants orother persons.

3. Any person when utilized as a volunteer under the emergencyvolunteer program shall have his incidental expenses paid by the localjurisdiction for which the volunteer service is provided.

4. Architects and professional engineers, construction contractors,equipment dealers and other owners and operators of construction equipmentand the companies with which they are employed, working under the emergencyvolunteer program, shall not be personally liable either jointly orseparately for any act or acts committed in the performance of theirofficial duties as emergency volunteers except in the case of willfulmisconduct or gross negligence.

5. Any individuals, employers, partnerships, corporations orproprietorships, that are working under the emergency volunteer programproviding demolition, cleanup, removal or other related services, shall notbe liable for any acts committed in the performance of their officialduties as emergency volunteers except in the case of willful misconduct orgross negligence.

(L. 1991 S.B. 265 § l, A.L. 2002 S.B. 712)