Mr. President:
The Government Operations and Political Subdivisions Committee reports a favorable
recommendation on S.B. 246, VOLUNTEER WORKERS AMENDMENTS, by Senator S.
Jenkins, with the following amendments:
Respectfully,
Margaret Dayton
Voting: 2-1-4
1. Page
1, Line 13
:
13
. addresses liability of certain volunteers;
}
2. Page
2, Lines 44 through 49
:
44
[Any] (1) A person performing services on a voluntary basis, without compensation,
45
under the general supervision of, and on behalf of any public entity, [shall be] is immune
from
46
liability with respect to any decisions or actions, other than in connection with the
operation of
47
a motor vehicle, taken during the course of those services, unless it is established that
[
}
such
48
decisions or actions were grossly negligent, not made in good faith, or were made
maliciously
]
}
49
the volunteer willfully and knowingly caused harm to a person or property
}
.
3. Page
4, Line 119 through Page 5, Line 127
:
119
(4) A volunteer facilitator is immune from liability for damages or injuries arising
out
120
of or related to the volunteer service of a volunteer provided by the volunteer facilitator to
an
121
agency, unless:
122
(a) an action or omission of the volunteer facilitator
willfully and knowingly
caused
}
is grossly negligent, not made in good faith, or made maliciously, and
causes
123
harm to a person or property; or
124
(b) the volunteer facilitator fails to exercise due diligence in determining the fitness
of
125
a volunteer to provide voluntary service to the agency under circumstances that make the
126
volunteer facilitator's failure to exercise due diligence
a willful and knowing
violation of the
127
volunteer facilitator's duty
}
Committee Chair
3 SB0246.SC1.wpd rnorth/RCN PO/BRH 3/7/13 4:13 pm
Bill Number
*SB0246*
SB0246