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Introduced Version Senate Bill 51 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 51

(By Senator Caruth)

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[Introduced February 11, 2009; 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.
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