ENROLLED
H. B. 4611
(By Mr. Speaker, Mr. Kiss)
[Passed March 11, 2006; in effect from passage.]
AN ACT to amend and reenact §15-5-11 of the Code of West Virginia,
1931, as amended, relating to immunity from civil liability in
certain circumstances; providing immunity from civil liability
for death or injury to any person or damage to any property
caused by a member of a duly qualified mine rescue team
designated by a mine operator performing or engaging in
emergency rescue services; and providing that certain
emergency programs may be established by the division of
homeland security and emergency management and not limited to
the office of emergency services.
Be it enacted by the Legislature of West Virginia:
That §15-5-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-11. Immunity and exemption; "duly qualified emergency service worker" defined.
(a) All functions hereunder and all other activities relating
to emergency services are hereby declared to be governmental
functions. Neither the state nor any political subdivision nor any
agency of the state or political subdivision nor, except in cases
of willful misconduct, any duly qualified emergency service worker
complying with or reasonably attempting to comply with this article
or any order, rule, regulation or ordinance promulgated pursuant to
this article, shall be liable for the death of or injury to any
person or for damage to any property as a result of such activity.
This section does not affect the right of any person to receive
benefits or compensation to which he or she would otherwise be
entitled under this article, chapter twenty-three of this code, any
Act of Congress or any other law.
(b) Any requirement for a license to practice any
professional, mechanical or other skill does not apply to an
authorized emergency service worker who shall, in the course of
performing his or her duties, practice such skill during an
emergency.
(c) As used in this section, "duly qualified emergency service
worker" means:
(1) Any duly qualified full or part-time paid, volunteer or
auxiliary employee of this state, or any other state, territory,
possession or the District of Columbia, of the federal government, of any neighboring country or political subdivision thereof or of
any agency or organization performing emergency services in this
state subject to the order or control of or pursuant to the request
of the state or any political subdivision thereof.
(2) Duly qualified instructors and properly supervised
students in recognized educational programs where emergency
services are taught. A recognized educational program shall
include any program in an educational institution existing under
the laws of this state and such other educational programs as shall
be established by the Division of Homeland Security and Emergency
Management or otherwise under this article.
(3) A member of any duly qualified mine rescue team designated
by a mine operator pursuant to the provisions of section thirty-
five, article one, chapter twenty-two-a of this code who is
performing or engaging in emergency rescue services.
(d) A duly qualified emergency service worker performing his
or her duty in this state pursuant to any lawful agreement, compact
or arrangement for mutual aid and assistance to which the state or
a political subdivision is a party shall possess the same powers,
duties, immunities and privileges he or she would possess if
performing the same duties in his or her own state, province or
political subdivision thereof.