Create the Volunteer Immunity and Charitable Organization Liability Limit Act
Impact
The bill introduces significant amendments that provide immunity to volunteers acting within their duties, shielding them from civil liability for actions resulting in damage or injury, provided they were acting in good faith. Additionally, the legislation seeks to limit the liability limits for charitable organizations in civil lawsuits, allowing for a recovery cap of $300,000 for each individual and $1 million for a single occurrence of bodily injury or death. These measures are anticipated to encourage community involvement and support for charitable initiatives while also ensuring that organizations can operate without the fear of overwhelming financial repercussions from legal claims.
Summary
House Bill 2751, known as the West Virginia Volunteer Immunity and Charitable Organization Liability Limit Act, was introduced to amend state code by establishing new provisions pertaining to the liability of volunteers and charitable organizations. The overarching goal of the bill is to foster and strengthen volunteerism within the state by providing a legal shield to volunteers from civil liability under certain circumstances. Specifically, the bill seeks to promote the establishment and operational stability of charitable organizations by limiting their exposure to lawsuits related to acts performed in good faith.
Sentiment
The sentiment surrounding HB 2751 appears to be generally positive among supporters, primarily involving lawmakers and representatives of charitable organizations. They view the bill as a much-needed legal protection that could encourage philanthropy and volunteering by mitigating the fears of potential liability. However, while the legislation has gained support for its intent to enhance charitable engagement, some concerns may arise about the sufficiency of protections for individuals harmed by potentially negligent acts from volunteers or organizations. This aspect of the legislation could lead to debates about balancing immunity and accountability, particularly in health care-related contexts.
Contention
One notable point of contention within the discussions on HB 2751 revolves around the balance of accountability for charitable organizations and their volunteers. Critics may voice concerns that limiting liability could create a scenario where volunteers and organizations exhibit less caution, as the legal repercussions for their actions would be significantly mitigated. Furthermore, the bill explicitly states that it does not apply to organizations or volunteers involved in intentional wrongdoing or reckless disregard for safety, which is essential to maintaining a level of accountability. The provision that allows for only limited recourse against charitable organizations in civil suits, while encouraging volunteerism, may lead to debates about whether it adequately protects the rights of those who might be harmed. This balance between encouraging altruism and ensuring protection for potential victims is likely to remain a focal point in future legislative discussions.
Provides immunity from civil liability for certain acts and omissions of volunteer security personnel of a religious organization under certain circumstances. (BDR 3-322)