AN
ACT Relating to liability of volunteers; and adding a new section to chapter
4.24 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 4.24 RCW to read as follows:
(1)
Except as provided in subsection (2) of this section, a volunteer of a
nonprofit organization or governmental entity shall not be personally liable
for harm caused by an act or omission of the volunteer on behalf of the
organization or entity if:
(a)
The volunteer was acting within the scope of the volunteer's responsibilities
in the nonprofit organization or governmental entity at the time of the act or
omission;
(b)
If appropriate or required, the volunteer was properly licensed, certified, or
authorized by the appropriate authorities for the activities or practice, where
the activities were or practice was undertaken within the scope of the
volunteer's responsibilities in the nonprofit organization or governmental
entity;
(c)
The harm was not caused by willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious, flagrant indifference to the rights or
safety of the individual harmed by the volunteer;
(d)
The harm was not caused by the volunteer operating a motor vehicle, vessel,
aircraft, or other vehicle for which the state requires the operator or the
owner of the vehicle, craft, or vessel to either possess an operator's license
or maintain insurance; and
(e)
The nonprofit organization carries public liability insurance covering the
organization's liability for harm caused to others for which it is directly or
vicariously liable of not less than the following amounts:
(i)
For organizations with gross revenues of less than twenty-five thousand
dollars, at least fifty thousand dollars due to the bodily injury or death of
one person or at least one hundred thousand dollars due to the bodily injury or
death of two or more persons;
(ii)
For organizations with gross revenues of twenty-five thousand dollars or more
but less than one hundred thousand dollars, at least one hundred thousand
dollars due to the bodily injury or death of one person or at least two hundred
thousand dollars due to the bodily injury or death of two or more persons;
(iii)
For organizations with gross revenues of one hundred thousand dollars or more,
at least five hundred thousand dollars due to bodily injury or death.
(2)
Nothing in this section shall be construed to affect any civil action brought
by any nonprofit organization or any governmental entity against any volunteer
of the organization or entity.
(3)
Nothing in this section shall be construed to affect the liability, or
vicarious liability, of any nonprofit organization or governmental entity with
respect to harm caused to any person, including harm caused by the negligence
of a volunteer.
(4)
Nothing in this section shall be construed to apply to the emergency workers
registered in accordance with chapter 38.52 RCW nor to the related volunteer
organizations to which they may belong.
(5)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Economic loss" means any pecuniary loss resulting from harm,
including the loss of earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death, burial costs, and
loss of business or employment opportunities.
(b)
"Harm" includes physical, nonphysical, economic, and noneconomic
losses.
(c)
"Noneconomic loss" means loss for physical and emotional pain,
suffering, inconvenience, physical impairment, mental anguish, disfigurement,
loss of enjoyment of life, loss of society and companionship, loss of
consortium other than loss of domestic service, hedonic damages, injury to
reputation, and all other nonpecuniary losses of any kind or nature.
(d)
"Nonprofit organization" means: (i) Any organization described in
section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(3)) and exempt from tax under section 501(a) of the internal revenue
code; (ii) any not-for-profit organization that is organized and conducted for
public benefit and operated primarily for charitable, civic, educational,
religious, welfare, or health purposes; or (iii) any organization described in
section 501(c)(14)(A) of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(14)(A)) and exempt from tax under section 501(a) of the internal revenue
code.
(e)
"Volunteer" means an individual performing services for a nonprofit
organization or a governmental entity who does not receive compensation, other
than reasonable reimbursement or allowance for expenses actually incurred, or
any other thing of value, in excess of five hundred dollars per year.
"Volunteer" includes a volunteer serving as a director, officer,
trustee, or direct service volunteer.
