SENATE BILL REPORT

                                    SB 6002

          AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 6, 1992

Brief Description:  Providing immunity for volunteer service.

SPONSORS: Senators Thorsness, Metcalf, Oke, Hayner, Johnson, Sellar, Amondson, McCaslin, Craswell, Bailey and McDonald

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6002 be substituted therefor, and the substitute bill do pass. 

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Hayner, Newhouse, and Rasmussen.

Staff:  Jack Brummel (786‑7428)

Hearing Dates: January 30, 1992; February 6, 1992

BACKGROUND:

Board members or officers of a nonprofit corporation in Washington are not individually liable for any discretionary decision or failure to make a discretionary decision within his or her official capacity unless such decision or failure to decide constitutes gross negligence.  Volunteers who serve in other than a managerial or directorial capacity are not protected from suits for negligence.

SUMMARY:

Volunteers, including unpaid directors, officers, or trustees, are immune from civil liability for their acts or omissions which result in damage or injury.  The volunteer must have been performing services for a nonprofit organization or corporation, a hospital or a government and must have been acting in good faith without willful and wanton misconduct.

A volunteer's immunity from negligence suits does not immunize the entity that volunteer services are provided for.

Recovery may be obtained from a volunteer for negligent operation of a motor vehicle up to the limits of insurance covering the volunteer in the circumstances giving rise to a suit.

The provisions of the bill apply to suits commenced after it becomes law but may cover acts or omissions prior to its effective date.

EFFECT OF PROPOSED SUBSTITUTE:

The definition of volunteer includes nonemployees who may receive partial compensation, but who have no contractual or legal right to demand payment for services rendered.

If a volunteer's action or failure to act constitutes gross negligence, they are not immune from civil liability.

Appropriation: none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The bill allows volunteers to act in good faith without the fear of personal liability.  This would make it easier to recruit volunteers.

TESTIMONY AGAINST:

Tort law provides that people should be accountable for their acts.  This bill would do away with holding people responsible.

TESTIFIED:  Beverly Harrington, Gary Gardner, Credit Union League (pro); Sharon Foster, YMCA, Girl Scouts, Boy Scouts, Campfire Girls (pro); John Stanislay, State Superintendent of Savings and Loans (pro); Eugene Moen, WSTLA (con)