H. B. 2318
(By Delegates Oliverio, McGraw and Manuel)
[Introduced March 1, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article seven-c, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five, relating to providing immunity from civil liability
for persons participating in recognized volunteer students-
for-students public safety programs at all colleges and
universities in this state.
Be it enacted by the Legislature of West Virginia:
That article seven-c, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five,
to read as follows:
ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED
DIRECTORS OF CERTAIN GOVERNMENTAL AND NONPROFIT
ENTITIES.
§55-7C-5. Immunity from civil liability for volunteer students-
for-students public safety service.
Any person who serves as an officer or member of a
recognized volunteer students-for-students public safety service,
within a state funded college or university or within a private
college or university in this state, qualified as a tax-exempt
organization under section 501(c) of the Internal Revenue Code of
1986, and who is not compensated for these services on a salary
or prorated equivalent basis, shall be immune from civil damages
for any acts or omissions resulting in any injury, death or loss
to person or property arising from volunteer services rendered by
the person if:
(a) The officer or member received appropriate training
necessary for the proper execution of his or her duties as an
officer or member of a safety service;
(b) The officer or member was acting in good faith and the
services rendered were reasonable under the circumstances;
(c) The acts or omissions resulting in an injury, death or
loss to person or property did not amount to gross negligence,
wanton disregard or conduct or intentional wrongdoing; and
(d) The acts or omissions resulting in an injury, death or
loss to person or property did not occur while the volunteer was
operating or responsible for the operation of a motor vehicle.
The provisions of this section coincide with, but are not
limited by, the other provisions of this article.
NOTE: The purpose of this bill is to provide immunity from
civil liability for persons serving in a recognized volunteerstudents-for-students public safety program at a college or
university of this state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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