Senate Bill No. 201
(By Senator McKenzie, By Request)
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[Introduced January 25, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section five, article twelve-a,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
relieving municipalities from skateboard liability.
Be it enacted by the Legislature of West Virginia:
That section five, article twelve-a, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 12A. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT.
§29-12A-5. Immunities from liability.
(a) A political subdivision is immune from liability if a
loss or claim results from:
(1) Legislative or quasi-legislative functions;
(2) Judicial, quasi-judicial or prosecutorial functions;
(3) Execution or enforcement of the lawful orders of any
court;
(4) Adoption or failure to adopt a law, including, but not
limited to, any statute, charter provision, ordinance,
resolution, rule, regulation or written policy;
(5) Civil disobedience, riot, insurrection or rebellion or
the failure to provide, or the method of providing, police, law
enforcement or fire protection;
(6) Snow or ice conditions or temporary or natural
conditions on any public way or other public place due to weather
conditions, unless the condition is affirmatively caused by the
negligent act of a political subdivision;
(7) Natural conditions of unimproved property of the
political subdivision;
(8) Assessment or collection of taxes lawfully imposed or
special assessments, license or registration fees or other fees
or charges imposed by law;
(9) Licensing powers or functions including, but not limited to, the issuance, denial, suspension or revocation of or failure
or refusal to issue, deny, suspend or revoke any permit, license,
certificate, approval, order or similar authority;
(10) Inspection powers or functions, including failure to
make an inspection, or making an inadequate inspection, of any
property, real or personal, to determine whether the property
complies with or violates any law or contains a hazard to health
or safety;
(11) Any claim covered by any workers' compensation law or
any employer's liability law;
(12) Misrepresentation, if unintentional;
(13) Any court-ordered or administratively approved work
release or treatment or rehabilitation program;
(14) Provision, equipping, lawful operation or maintenance
of any prison, jail or correctional facility, or injuries
resulting from the parole or escape of a prisoner;
(15) Any claim or action based on the theory of
manufacturer's products liability or breach of warranty or
merchantability or fitness for a specific purpose, either
expressed or implied;
(16) The operation of dumps, sanitary landfills, and
facilities where conducted directly by a political subdivision;
or
(17) The issuance of revenue bonds or the refusal to issue
revenue bonds; or
(18) Any claim or action resulting from injuries received
while an individual is skateboarding if:
(A) The person skateboarding is fourteen years of age or
older;
(B) The skateboarding activity was stunt, trick, or luge
skateboarding; and
(C) The individual was using a skateboard on public
property.
(b) An employee of a political subdivision is immune from
liability unless one of the following applies;
(1) His or her acts or omissions were manifestly outside the
scope of employment or official responsibilities;
(2) His or her acts or omissions were with malicious
purpose, in bad faith, or in a wanton or reckless manner; or
(3) Liability is expressly imposed upon the employee by a provision of this code.
(c) The immunity conferred upon an employee by subsection
(b) of this section does not affect or limit any liability of a
political subdivision for an act or omission of the employee.
NOTE: The purpose of this bill is to provide immunity to
political subdivisions for skateboard liability.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.