HomeMy WebLinkAbout1990-06-12 - AGENDA REPORTS - SB 2368 MARKS VOLUNTEERS (2)AGENDA REPORT
City Manager Approval
Item to be presented by- 4
CONSENT CALENDAR Mayor Darcy
DATE: June 12, 1990
SUBJECT: SB 2368 (Marks) - Support
DEPARTMENT: City Council
BACKGROUND
This item has been placed on the agenda at the request of Mayor Darcy for
support of Senate Bill 2368. This bill would exempt volunteers performing
services for defined non-profit organizations and government entities from civil
liability for damage or injury caused by their acts or omissions performed while
serving as a volunteer.
This bill does not however apply to cases of willful or wanton misconduct,
damage or injury resulting from motor vehicle operations.
Existing law does not provide general immunity from civil liability for
volunteers who provide many services to non-profit organizations and
governmental entities.
RECOMMENDATION
That the City Council support SB 2368 and authorize staff to send letters to
appropriate parties.
SB 2368
Agenda Item:
BILL NUMBER: 9V*,=6V0
BILL TEXT.
INTRODUCED BY Senator Marks
FEBRUARY 27, 1990
An act to add Section 43.99 to the Civil Code, relating to civil liability.
LEGISLATIVE COUNSEL'S DIGEST
SB 2368, as introduced, Marks. Volunteers: civil liability.
Existing law does not -provide a general immunity from civil.liability for
volunteers providing services to nonprofit organizations and governmental
entities.
This bill would, with certain exceptions,.exempt defined volunteers
performing services for defined nonprofit organizations or governmental
entities from civil liability for damage or injury caused by their acts or
omissions performed in good faith in the scope of the volunteer's functions
with the nonprofit organization or governmental entity. The bill would not
apply to willful or wanton misconduct or damage or injury resulting from the
operation of a motor vehicle, vessel, or aircraft. The bill would not change
the liability of governmental entities or nonprofit organizations for the acts
of their volunteers.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43.99 is added to the Civil Code, to read:
43.99. (a) Except as provided in subdivisions (b) and (c), any volunteer
of a nonprofit organization or governmental entity shall incur no personal
-financial liability for any tort claim alleging damage or injury from any -act'
or omission of the volunteer on behalf of the organization or entity if both
of the following conditions are met:
(1) The volunteer was acting in good faith and within the scope of the
volunteer's functions and duties with the nonprofit organization or
governmental entity.
(2) The damage or injury was not caused by willful and wanton misconduct by
PAGE
NUMBER: SB 2368
BILL TEXT
the volunteer.
(b) Nothing in this section shall affect any civil -action brought by any
nonprofit organization or any governmental entity against any volunteer of
that organization or entity.
(c) The immunity from liability specified in subdivision (a) does not apply
to the following:
(1) Personal injury or property damage resulting from the negligent
operation of a motor vehicle, vessel, or aircraft by a volunteer.
(2) An action brought by an officer of the state or a local public.entity
to enforce federal, state, or local law.
(d) Nothing in this section relieves a -nonprofit organization or
governmental organization from otherwise applicable liability, including
vicarious liability, for the acts and omission of its volunteers.
(e) As used in this section:
(1) 'Damage or injury' includes physical, nonphysical, economic, and
noneconomic damage.
(2) 'Nonprofit organization' means an organization described'in Section
501(c) of the Internal Revenue Code of 1986 and exempt from tax under Section
501(a) of that code.
(3) 'Volunteer' means an individual performing services for a nonprofit
organization or a governmental entity who does not receive compensation,.or
any other thing of value in lieu of compensation, for those services (other
than reimbursement for expenses actually incurred or honoraria not to exceed
three hundred dollars ($300) per year for government service), including
service as a director, officer, or trustee or direct services.
06/04/90
I*
TITLE: Volunteers: civil
INTRODUCED': 02/27/90
LOCATION: Senate Judiciary
A
liability
Committee
Page 3
SUMMARY:
Exempts defined volunteers performing services for defined
nonprofit organizations or governmental entities from civil
liability for damage or injury caused by their acts or
omissions performed in good faith in the scope of the
volunteer's functions with the nonprofit organization or
governmental entity.
S 2368, as introduced, Marks. Volunteers: civil liability.
E�tisting law does not provide a general immunity from civil
liability for volunteers providing services to nonprofit
organizations and governmental entities.
This bill -would, with certain exceptions, exempt defined
volunteers performing services for defined nonprofit
organizations or governmental entities from civil liability for
damage or injury caused by their acts or omissions performed in
good faith in the scope of the volunteer's functions with the
nonprofit organization or governmental entity. The bill would
not apply to willful or wanton misconduct or damage or injury
resulting from the operation of a motor vehicle, vessel, or
aircraft. The bill would not change the liability of
governmental entities or nonprofit organizations for the acts
of their volunteers.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
STATUS:
02/27/90 INTRODUCED.
03/07/90 To SENATE Committee on JUDICIARY.
04/26/90 In SENATE. Joint Rule 61(b)(5) suspended.
END OF REPORT