S.B.
246
VOLUNTEER WORKERS AMENDMENTS
Senate Committee
Amendments
Amendment 2 March 7, 2013 8:34 AM
Senator Scott K. Jenkins
proposes the following amendments:
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
}
grossly negligent, not in good faith, or malicious
.
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LRGC
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Z 03/06/13 4:45p