ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2918
(By Delegates C. White, Williams, Sparks, Proudfoot and Martin)
[Passed March 11, 2000; in effect ninety days from passage.]
AN ACT to amend article seven, 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
twenty, relating to limiting civil liability of nonprofits
which solely arrange for persons to take train excursions and
provide tourist information regarding the excursion area.
Be it enacted by the Legislature of West Virginia:
That article seven, 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 twenty,
to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-20. Limiting civil liability of nonprofits for
arranging passage on excursion trains.
Any not for profit corporation for which one of its purposes
is to arrange for persons or groups of persons to take excursions through, on, at or near places of scenic, historic or educational
interest using trains, trackage or other related equipment and
facilities of a regulated common carrier or governmental entity,
shall not be liable for personal injury, wrongful death or property
damage arising from the acts or omissions of the regulated common
carrier or governmental entity so long as the role of the not for
profit is limited to arranging for persons or groups of persons to
participate in the excursion and providing tour information
regarding the scenic, historic or educational qualities of the
excursion area.
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