Senate Bill No. 10

(By Senators Blatnik and Dittmar)

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[Introduced February 10, 1993;

referred to the Committee on the Judiciary.]

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A BILL to amend article seven-c, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to providing immunity from civil liability for persons participating in recognized volunteer students- for-students public safety programs at state colleges and universities.

Be it enacted by the Legislature of West Virginia:
That article seven-c, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:
ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED DIRECTORS OF CERTAIN GOVERNMENTAL AND NONPROFIT ENTITIES.

§55-7C-5. Immunity from civil liability for volunteer students- for-students public safety service.

Any person who serves as an officer or member of arecognized volunteer students-for-students public safety service, within a state funded college or university, qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, and who is not compensated for these services on a salary or prorated equivalent basis, shall be immune from civil damages for any acts or omissions resulting in any injury, death or loss to person or property arising from volunteer services rendered by the person if:
(a) The officer or member received appropriate training necessary for the proper execution of his or her duties as an officer or member of a safety service; and
(b) The officer or member was acting in good faith and the services rendered were reasonable under the circumstances; and
(c) The acts or omissions resulting in an injury, death or loss to person or property did not amount to gross negligence, wanton disregard or conduct or intentional wrongdoing; and
(d) The acts or omissions resulting in an injury, death or loss to person or property did not occur while the volunteer was operating or responsible for the operation of a motor vehicle.
The provisions of this section coincide with, but are not limited by, the other provisions of this article.



NOTE: The purpose of this bill is to provide immunity from civil liability for persons serving in a recognized volunteer students-for-students public safety program at a college or university of this state.

This section is new; therefore, strike-throughs and underscoring have been omitted.