Senate Bill No. 459

(By Senators Prezioso, Hunter, Sharpe, Boley, Rowe and Unger)

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[Introduced February 5, 2004; referred to the Committee on the Judiciary.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to a worker, contractor, engineer or architect who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-11A-3a, to read as follows:
ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-3a. Volunteer services or materials to build or install universal accessibility features; workers, contractors, engineers, architects; immunity from civil liability.

Any person, including a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install universal accessibility features as set forth in section four of this article, may not be liable for any civil damages as the result of any act or omission in providing such services or materials: Provided, That the universal accessible feature or features shall be built or constructed in accordance with applicable state and federal laws.

NOTE: The purpose of this bill is to provide immunity from civil damages to a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features. The universal accessible features must be built in accordance with applicable state and federal laws.

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