S.B. 199

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IMMUNITY FOR VOLUNTEERS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING IMMUNITY
6 FOR CERTAIN VOLUNTEERS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 78-11-22.5, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-11-22.5 is enacted to read:
12 78-11-22.5. Immunity for volunteers.
13 (1) As used in this section:
14 (a) "Gratuitously" means without compensation of any kind, except for reimbursement.
15 (b) "Reimbursement" means:
16 (i) compensation or honoraria totaling less than $300 per calendar year; and
17 (ii) payment of expenses actually incurred.
18 (c) (i) "Volunteer" means an individual who renders service, without receiving
19 reimbursement, to an individual or group of individuals in need, a humanitarian concern, a civic
20 concern, a religious organization, or some such other charitable entity or cause;
21 (ii) "Volunteer" does not include an individual performing services to the extent the
22 services are within the scope of Title 63, Chapter 30b, Immunity for Persons Performing Voluntary
23 Services, Title 67, Chapter 20, Volunteer Government Workers Act, or Title 78, Chapter 19,
24 Liability Protection for Volunteers.
25 (2) A volunteer is immune from legal liability for any act or omission of the volunteer
26 while providing volunteer services and a volunteer does not incur any personal financial liability
27 for any tort claim or other action seeking damages for any injury arising from any act or omission

1 of the volunteer while providing volunteer services if:
2 (a) the volunteer was acting gratuitously and in good faith; and
3 (b) the act or omission was neither grossly negligent nor illegal.




Legislative Review Note
as of 2-14-97 7:49 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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