ENGROSSED

H. B. 4611


(By Mr. Speaker, (Mr. Kiss))
[Introduced February 17, 2006; referred to the
Committee on Finance.]



A BILL 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 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 shall 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 shall 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 office of emergency services Division of Homeland Security and Emergency Management or otherwise under this article.
(3) 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.




NOTE: The purpose of this bill is to specify the method for determining the tax credit; to specify when a credit may be taken; and civil liability immunity for aiding an accident victim.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.