Senate Bill No. 693
(By Senator Caruth)
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[Introduced February 19, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §55-7C-3 of the Code of West Virginia,
1931, as amended, relating to changing the circumstances under
which a qualified director of certain governmental and
nonprofit entities is relieved from civil liability for
actions conducted in the performance of managerial functions
on behalf of the entity.
Be it enacted by the Legislature of West Virginia:
That §55-7C-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED DIRECTORS
OF CERTAIN GOVERNMENTAL AND NONPROFIT ENTITIES.
§55-7C-3. Limited civil liability of qualified directors.
(a) Notwithstanding any other provision of this code, a
qualified director
shall may not be held personally liable for
negligence, either through act or omission, or whether actual or
imputed, in the performance of managerial functions performed on
behalf of a volunteer organization or entity.
Provided, That
(b) This section
shall does not exempt a qualified director
from liability when he or she is found to
be grossly negligent have
intentionally caused damage or injury to another in the performance
of his or her duties.
(c) Nothing
herein shall relieve in this section relieves a
volunteer organization or entity from imputed liability for the
negligent acts of a qualified director committed within the scope
of the qualified director's duties.
(d) Nothing in this article
shall be construed as a grant of
grants immunity to any person who, through his or her operation of
a motor vehicle, causes any injury or damage to another person.
NOTE: The purpose of this bill is to change the circumstances
under which a qualified director is relieved from civil liability.
The bill specifies that the protection from liability does not
apply to a qualified director if he or she is found to have
intentionally caused damage or injury to another in the performance
of his or her duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.