S-2834

AN ACT Relating to volunteer service; adding new sections to chapter 4.24 RCW; creating new sections; and repealing RCW 4.24.264.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that:

(1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;

(2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;

(3) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give of his or her time and energy without compensation as a volunteer in service to his or her community without fear of personal liability for acts undertaken in good faith absent willful or wanton conduct on the part of the volunteer; and

(4) This chapter is intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 and 4 of this act.

(1) "Volunteer" is a person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

(2) "Nonprofit organization" is any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. Sec. 501(c), as amended.

(3) "Nonprofit corporation" is any corporation that is defined as a nonprofit corporation under Title 24 RCW or that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, 26 U.S.C. Sec. 501(a).

(4) "Governmental entity" is any county, city, town, municipality, school district, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of the state.

NEW SECTION. Sec. 3. (1) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

(a) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and

(b) The damage or injury was not caused by willful and wanton misconduct by the volunteer.

(2) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (1) of this section.

NEW SECTION. Sec. 4. Notwithstanding section 3 of this act, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity, except that the amount recovered from such volunteer may not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.

NEW SECTION. Sec. 5. This act applies to all causes of action commenced on or after the effective date of this act, regardless of when the cause of action may have arisen. To this extent, this act applies retroactively, but in all other respects it applies prospectively.

NEW SECTION. Sec. 6. RCW 4.24.264 and 1987 c 212 s 1101 & 1986 c 305 s 903 are each repealed.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 4.24 RCW.