MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary B

By: Representative Guice, Broomfield, Compretta, Dedeaux, Fredericks, Hamilton (109th), Holloway, Janus, Malone, Martinson, Mayo, Palazzo, Parker, Patterson, Peranich, Simpson, Upshaw, Zuber

House Bill 941

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE IMMUNITY FOR THE USE OF SHELTERS DURING EMERGENCIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Any person or organization, public or private, owning or operating immovable property or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by state or local governing authorities or the Mississippi Emergency Management Agency or use of the whole or any part of the immovable property or premises for the purpose of sheltering persons or household pets or service animals during an actual, impending emergency, together with his successor in interest, if any, shall not be liable for the death of, or injury to, any person or household pets or service animals provided that such injury or death must be directly related to the emergency, on or about such immovable property or premises during the actual, impending emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of the license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of the person owning or operating the immovable property or premises or his successor in interest is the proximate cause of the death, injury, loss or damage occurring during the sheltering period.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.