Current Status Introducing Body:House Bill Number:4778 Primary Sponsor:G. Bailey Type of Legislation:GB Subject:Volunteer Service Protection Act Residing Body:House Date Tabled:19940601 Computer Document Number:DKA/3246AL.94 Introduced Date:19940217 Last History Body:House Last History Date:19940601 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:G. Bailey J. Wilder J. Bailey Richardson Fulmer Kennedy Hallman Canty Law Wofford H. Brown Inabinett Sharpe Cobb-Hunter Elliott Moody-Lawrence Askins Worley Holt Townsend McMahand Davenport G. Brown Simrill A. Young R. Smith Littlejohn Jaskwhich Stone Rhoad Mattos Stuart Boan Govan Sturkie Chamblee McKay McLeod Farr Williams Hines Neilson Hutson Wells J. Harris Allison Phillips M.O. Alexander Walker Gamble Marchbanks Whipper Houck Keegan Witherspoon Spearman Klauber D. Wilder Neal Cato Shissias Baker McCraw Vaughn Breeland Kirsh Wilkes Barber Haskins Fair Stille Harrell Lanford Wright Graham D. Smith White Meacham T.C. Alexander Carnell Tucker Waites Trotter Kelley Stoddard Robinson P. Harris Koon Riser Scott Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4778 House 19940601 Tabled
4778 House 19940524 Committee Report: Favorable 25
with amendment
4778 House 19940217 Introduced, read first time, 25
referred to Committee
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COMMITTEE REPORT
May 24, 1994
H. 4778
Introduced by REPS. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Cato, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Koon, Riser and Scott
S. Printed 5/24/94--H.
Read the first time February 17, 1994.
To whom was referred a Bill (H. 4778), to amend the Code of Laws of South Carolina, 1976, by adding Article 2 to Chapter 3, Title 15, so as to enact the Volunteer Service Protection Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and applies to a claim of action arising on or after the effective date of the act./
Amend title to conform.
JAMES H. HODGES, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE DEFINITIONS.
Whereas, the legislature finds and declares that the willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers; and
Whereas, the contributions of programs, activities, and services to communities are diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;
Whereas, it is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give of his time and energy without compensation as a volunteer in service to his community without fear of personal liability for acts undertaken in good faith absent wilful or wanton conduct on the part of the volunteer;
Whereas, the provisions of the Volunteer Service Protection Act are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 15 of the 1976 Code is amended by adding:
Section 15-3-210. This article may be cited as the `Volunteer Service Protection Act'.
Section 15-3-220. As used in this article:
(1) `Governmental entity' means any county, municipality, township, school district, chartered unit or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officers, task force, or other agency of any state.
(2) `Nonprofit corporation' means a corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a).
(3) `Nonprofit organization' means an organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended.
(4) `Volunteer' means a person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
Section 15-3-230. (A) A volunteer is immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(1) the volunteer was acting in good faith and within the scope of his official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and
(2) the damage or injury was not caused by wilful and wanton misconduct by the volunteer.
(B) In an action against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission is sufficient to establish the responsibility of the organization, notwithstanding the immunity granted to the volunteer.
Section 15-3-240. A plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity. The amount recovered from the volunteer must not exceed the limits of applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle."
SECTION 2. This act takes effect upon approval by the Governor and applies to a civil action commenced on or after one hundred eighty days from the effective date regardless of whether the claim arose before the effective date.