Introduced Version






HOUSE BILL No. 1067

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2 ; IC 34-30-4.5.

Synopsis: Civil immunity for volunteers. Grants immunity from liability for civil damages resulting from a negligent act or omission of a volunteer other than an act or omission related to the operation of a motor vehicle. Limits the maximum liability for the operation of a motor vehicle by a volunteer to the limits of the insurance coverage maintained by or for the volunteer.

Effective: July 1, 2001.





Frizzell




    January 8, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1067



    A BILL FOR AN ACT to amend the Indiana Code concerning tort liability.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-6-2-49; (01)IN1067.1.1. -->     SECTION 1. IC 34-6-2-49 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 49. "Governmental entity":
         (1) for purposes of IC 34-13-2 , IC 34-13-3 , and IC 34-13-4 , means the state or a political subdivision of the state; and
        (2) for purposes of IC 34-30-4.5 , means an entity that exercises any of the governmental powers of the state, a political subdivision (as defined in IC 36-1-2-13 ), or another local governmental entity. The term includes a task force, an elected official, and an association of governmental officials or entities.

SOURCE: IC 34-6-2-88.4; (01)IN1067.1.2. -->     SECTION 2. IC 34-6-2-88.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 88.4. As used in this chapter, "nonprofit corporation" means a corporation that is exempt from federal taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a), as amended).
SOURCE: IC 34-6-2-88.5; (01)IN1067.1.3. -->     SECTION 3. IC 34-6-2-88.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 88.5. As used in this chapter, "nonprofit organization" means an organization that is exempt from federal taxation under Section 501(c) of the Internal Revenue Code (26 U.S.C. 501(c), as amended).
SOURCE: IC 34-6-2-150; (01)IN1067.1.4. -->     SECTION 4. IC 34-6-2-150 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 150. "Volunteer":
         (1) for purposes of IC 34-30-19 , means an individual who, without compensation, engages in or provides other personal services for a sports or leisure activity such as baseball, basketball, football, soccer, hockey, volleyball, cheerleading, or other similar sports or leisure activities involving children who are less than sixteen (16) years of age; and
        (2) for purposes of IC 34-30-4.5 , means a person performing services for a nonprofit organization, nonprofit corporation, hospital, or governmental entity without compensation other than reimbursement for the actual expenses of the person. The term includes a volunteer serving as a director, an officer, a trustee, or a direct service volunteer.

SOURCE: IC 34-30-4.5; (01)IN1067.1.5. -->     SECTION 5. IC 34-30-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 4.5. Charities: Immunity for Volunteers
    Sec. 1. Except as provided by this chapter, a volunteer is not liable for civil damages as a result of an act or omission of the volunteer if:
        (1) the volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, nonprofit corporation, hospital, or governmental entity; and
        (2) the damage or injury resulting from the act or omission was not caused by willful or wanton misconduct by the volunteer.
    Sec. 2. This chapter does not exempt a hospital from liability that the hospital would otherwise have for the negligent act of a volunteer.
    Sec. 3. This chapter does not grant immunity to a volunteer for an act or omission involving the operation of a motor vehicle. However, the liability of the volunteer does not exceed the limits of the applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor

vehicle in the circumstances.

SOURCE: ; (01)IN1067.1.6. -->     SECTION 6. [EFFECTIVE JULY 1, 2001] IC 34-30-4.5 , as added by this act, applies to all causes of action commenced after June 30, 2001, regardless of when the cause of action accrued.