127A-20

Immunity from liability of private shelter

[§127A-20] Immunity from liability of private shelter. (a) Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent’s estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, owning or controlling real property, that voluntarily and without compensation grants a license or privilege for, or otherwise permits, the designation by the emergency management agency of the county in which the building is located for the use of the property, in whole or in part, for the purpose of sheltering persons during emergencies and disasters, shall, together with its successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person or damage to any personal property on the property of the licensor in connection with the use of the licensed premises for the purposes designated.

(b) For the purposes of this section, the following shall not be considered compensation:

(1) Any compensation or consideration paid by or on behalf of any guest or person for transient accommodation lodging;

(2) Any compensation or consideration paid for any patient, resident, or ward present or residing in any hospital, community-based care home, home-based care home, or healthcare agency of any type licensed by the department of health or the department of human services and used as a private shelter under this section; provided that the protections afforded by this section shall not extend beyond the use of the private shelter under this section for any other duty or standard of care owed to any patient, resident, or ward; and

(3) Any compensation or consideration paid by or on behalf of any minor or student of any age in any day care, preschool, elementary school, middle school, or any other educational facility used as a private shelter under this section. [L 2014, c 111, pt of §2]