Senate Bill No. 330
(By Senator Jenkins)
____________
[Introduced January 24, 2008; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-11-7; to amend
said code by adding thereto a new section, designated
§8-21-10a; and to amend said code by adding thereto a new
section, designated §20-5-23, all relating to immunity from
civil liability for operators of parks and recreation
districts.
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 §7-11-7; that said code
be amended by adding thereto a new section, designated §8-21-10a;
and that said code be amended by adding thereto a new section,
designated §20-5-23, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.
§7-11-7. Liability of county parks and recreation commissions.
Any commission is not liable for any injury, loss or damage
caused by the negligence of any person who is not an agent or
employee of the commission, or for any injury, loss or damage to
any person, unless the injury, loss or damage was directly caused
by an agent or employee of the commission, that occurs within the
public parks and recreational properties and facilities owned by
the county or commission.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.
§8-21-10a. Liability of board.
Any board is not liable for any injury, loss or damage caused
by the negligence of any person who is not an agent or employee of
the board, or for any injury, loss or damage to any person, unless
the injury, loss or damage was directly caused by an agent or
employee of the board, that occurs within the city public parks and
recreational properties and facilities owned by the board.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 5. PARKS AND RECREATION.
§20-5-23. Liability of section of parks and recreation.
The section of parks and recreation is not liable for any
injury, loss or damage caused by the negligence of any person who
is not an agent or employee of the section of parks and recreation, or for any injury, loss or damage to any person, unless the injury,
loss or damage was directly caused by an agent or employee of the
section of parks and recreation, that occurs within the state parks
and public recreational properties and facilities owned by the
section of parks and recreation or the Division of Natural
Resources.
NOTE: The purpose of this bill is to extend immunity from
civil liability to the operators of parks and recreation districts.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.